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The Corporation of the Municipality of Brighton
By-Law No. 032-2022
Being a By-law to Adopt Licensing Regulations Pertaining to Short-Term
Accommodation Rentals
Whereas the Council of the Municipality of Brighton may, pursuant to the
Municipal Act, 2001, S.O. 2001, c.25. as amended, ("The Municipal Act"),
enact by-laws for the licensing, regulating and governing of businesses and
occupations in the Municipality of Brighton;
And Whereas pursuant to Section 10 of the Municipal Act, a municipality has
the authority to implement business licensing in the interest of health and
safety, well-being of persons, consumer protection and nuisance control;
And Whereas pursuant to Section 151 of the Municipal Act, Council is
exercising its authority for the purposes of establishing a system of licensing
with respect to Short Term Rental Accommodation businesses;
And Whereas Section 436 of the Municipal Act permits a municipality to pass
by-laws allowing the municipality to enter onto lands or property at any
reasonable time for the purpose of carrying out an inspection to determine
compliance with a by-law direction, order, or licence;
And Whereas Section 444 of the Municipal Act provides that if a municipality
is satisfied that a contravention of a by-law of the municipality passed under
this Act has occurred, the municipality may make an order requiring the
person who contravened the by-law or who caused or permitted the
contravention or the owner or occupier of the land on which the contravention
occurred to discontinue the contravening activity;
And Whereas the Council of the Corporation of the Municipality of Brighton
deems it desirable that such licensing, regulation and governing takes place
with regard to Short-Term Accommodations Rental as defined in this By-law;
And Whereas Council has enacted Official Plan Amendment No. 8 by By-
law No. 094-2021 and Zoning By-law Amendment 097-2021 under the
provisions of the Planning Act, R.S.O. 1990, c. Pl3, as amended, with respect
to Short Term Accommodation Rentals within the municipality and having
done so desires to provide for a system of licensing to implement said
policies and provisions;
Now Therefore the Council of the Municipality of Brighton Enacts as
follows:
1.0
Definitions
For the purposes of this by-law the following definitions apply:
1.1.
Administrative Monetary Penalty means a monetary penalty imposed
for a contravention of this By-law;
1.2.
Agent means a Person duly appointed by an Owner or the Municipality
to act on their behalf;
1.3.
Amenity Area means a common outdoor and indoor area or private
area that is designed and intended to be used by the occupants of a
building on the lot for passive or active recreational purposes and may
include a balcony, patio, terrace, at-grade garden, or yard.
1.4.
Amenity Area, Common means a common outdoor or indoor amenity
area intended to be used by all occupants of a building or development.
1.5.
Amenity Area, Private means an outdoor area with direct access from
an individual dwelling unit and intended for exclusive use of residents
of that dwelling unit, such as private balconies, patios, terraces, at
grade-garden or yard.
1.6.
Ancillary means a use, building or structure that is located on the same
lot that may or may not be attached from the main building and is
essential to a principal or main use, building or structure therewith.
1.7.
Accessory Building or Structure means a detached or attached
building or structure that is not used for human habitation (except for a
private cabin), but the use of which is naturally and normally incidental
to, subordinate to and exclusively devoted to a principal use of the
building and is located on the same lot therewith.
1.8.
Applicant means the Person applying for a Licence or renewal of a
Licence under this by-law;
1.9.
"Bed & Breakfast Establishment" means a dwelling or portion thereof
in which the proprietor resides and supplies for hire or gain to other
persons, temporary overnight lodging with or without meals, but shall
not include a hotel, motel, apartment, hospital, seniors home, group
home or restaurant serving the general public.
1.10. Building means, a structure occupying an area greater than ten square
metres consisting of a wall, roof and floor or any of them or a structural
system serving the function thereof including all plumbing, works,
fixtures and service systems related thereto.
1.11. By-law Enforcement Officer means a municipal law enforcement
officer of the Corporation of the Municipality of Brighton who is dully
appointed by the Council of the Corporation for the purpose of enforcing
the provisions of the Corporation's By-laws.
1.12. Chief Administrative Officer means the Chief Administrative Officer
for the Municipality or any Person designated by the Chief
Administrative Officer;
1.13. Chief Building Official means the Chief Building Official for the
Municipality or any Person designated by the Chief Administrative
Officer;
1.14. Clerk means the Clerk for the Municipality, or any Person designated
by the Clerk;
1.15. Corporation means a body incorporated pursuant to the Business
Corporations Act, R.S.O. 1990 c. B. 16, or the Corporations Act, R.S.O.
1990, c. C. 38;
1.16. Council means Council for the Municipality;
1.17. Director of Planning and Development Services means the Director
of Planning and Development Services for the Municipality, or any
Person designated by the Director of Planning and Development
Services, or any Person designated by the Chief Administrative Officer;
1.18. Fire Chief means the Fire Chief for the Municipality, or any Person
designated by the Fire Chief;
1.19. Dwelling Unit means one or more habitable rooms, occupied or
capable of being occupied as a single housekeeping unit only, in which
sleeping, sanitary conveniences, and kitchen facilities are provided, in
which a heating system is provided, and which has a private entrance
from outside the building or from a common hallway or stairway inside.
For the purpose of this By-law, a dwelling unit does not include a tent,
trailer, mobile home, or a room or suite of rooms in a boarding or
rooming house, a hotel, or motor home.
1.20. Dwelling, Principal Residence means a dwelling that is owned or
rented alone or jointly with another person, where the person(s) is
ordinarily a resident and has designated the dwelling as their principal
place of residency on their income tax filing and in other government
records. This may include a long-term tenant residing for a minimum of
6 consecutive months.
1.21. Dwelling, Secondary Residence means a dwelling that is owned or
rented alone or jointly with another person, where the person(s) is not
using the dwelling as a principal residence.
1.22. Fee means a Fee as set forth in the Municipality of Brighton's Fee's and
Charges Bylaw.
1.23. Good Host Property Design means a building and property design
that demonstrates an appealing presentation to the public and guests
through exterior physical enhancements composed of architectural,
landscaping, cultural/historical, recreational and general enrichments to
accommodation functions, displays, features or elements.
1.24. Guest Room or Guest Suite means a room offered for Short-Term
Accommodation Rental intended primarily for overnight occupation,
which conforms to the standards for a bedroom, as set forth by the
Ontario Building Code;
1.25. Licence means the Licence issued under this by-law as proof of
licensing under this by-law;
1.26. Licenced means to have in one's possession a valid and current
licence issued under this by-law and unlicenced has the contrary
meaning;
1.27. Licencee means a Person who holds a Licence or is required to hold a
Licence under this by-law;
1.28. Licence Issuer means any person or persons provided the authority by
the Municipality of Brighton to issue a license under this By-law;
1.29. Licence Number means a number assigned to a Licence by the
Municipality;
1.30. Life Safety Plan means a plan that sets out how building occupants will
be kept from hazards through proper stairways, railings, doorways,
windows, and how persons on premise will be alerted to an emergency
situation and evacuated from a building or public space through
assessing the property site conditions and the needs of everyone who
uses or may use the space or building;
1.31. Lot or Parcel means a parcel of land that is registered as a legally
conveyable parcel of land in the Registry Office.
1.32. Municipality means the Corporation of the Municipality of Brighton or
the land within the geographic limits of the Corporation of the
Municipality of Brighton as the context requires;
1.33. Municipal Accommodation Tax means a non-discretionary tax
imposed by the Municipality of Brighton on Short-Term Accommodation
Rentals, hotels, motels, motor hotels, lodges, inns, resorts, bed and
breakfasts, or other lodging including those sold online.
1.34. Municipal Agreement means any agreement, between an owner of
lands and the Municipality of Brighton, and includes agreements made
under the authority of the Planning Act, or the Municipal Act.
1.35. Nuisance and Property Management Plan means mitigation
measures shown on a site plan designed to reduce or eliminate noise,
lighting, waste odours or other obnoxious influences from emanating
off-site, including such measures as appropriately insulated walls,
ceilings, noise-attenuating windows, fencing, berms, and buffering
landscape plantings.
1.36. Nuisance means an activity or behavior that when consistent or
repetitive causes a material inconvenience, discomfort, or damage to
others, either to individuals and/or to the general public;
1.37. Occupant means a person that intends to use the Short-Term
Accommodation for overnight lodging but shall not include daily visitors
to the property.
1.38. Officer means a Police Officer, Fire Inspector, Building Inspector,
Zoning Examiner, Plans Examiner, Municipal Enforcement Officer, or
Clerk of the Municipality;
1.39. Owner or Landowner means the Person holding title to the Property
on which the Short- term Rental Accommodation is located, and
"Ownership" has a corresponding meaning;
1.40. Parking Area means an area provided for the parking of motor vehicles
and may include aisles, parking spaces, pedestrian walkways, and
related ingress and egress lanes, but shall not include any part of a
public street.
1.41. Parking Management Plan means a plan and drawings completed for
the Parcel by a qualified person or Owner, showing accurate
dimensions of the Parcel, and location of buildings, parking stalls,
thoroughfares, entrances and parking related features, intended to
address orderly and safe parking arrangements and vehicle
movements, which shall be completed in accordance with specifications
of the Municipality.
1.42. Person means an individual, a corporation, a partnership, or an
association, and includes a Licencee or an Applicant for a Licence
under this by-law as the context requires;
1.43. Premises
means
the
Property
upon
which
a
Short-Term
Accommodation Rental is operated, inclusive of buildings or structures
or any part thereof used for such purpose;
1.44. Property means the land upon which a Short-Term Accommodation
Rental is operated;
1.45. Renter means the person responsible for the rental of the Premises by
way of concession, permit, lease, licence, rental agreement or similar
commercial arrangement;
1.46. Renter's Code of Conduct as set forth in Schedule "A" means a
document that has been prepared by the Municipality that prescribes
the roles and responsibilities of the renter, including but not limited to
behavioural expectations as they relate to non- disturbance of
neighbours, compliance with applicable Municipality by-laws, and
adherence to the provisions of this by-law;
1.47. Responsible Person means the owner (must be 18 years of age) or
agent assigned by the Owner or licencee of the Short-Term
Accommodation
Rental
dwelling
to
ensure
the
Short-Term
Accommodation Rental dwelling is operated in accordance with the
provisions of this By-law, the licence and applicable laws.
1.48. Short-Term Accommodation Rental means the use of a dwelling unit,
as defined in Comprehensive Zoning By-law 140-2002, as amended,
that operates or offers a place of temporary residence, lodging or
occupancy by way of concession, permit, lease, licence, rental
agreement or similar commercial arrangement for any period equal to
or less than thirty (30) consecutive calendar days, throughout all or any
part of the calendar year, unless otherwise prohibited by this by-law, or
any other by-law of the Municipality of Brighton. Short-Term
Accommodation Rental uses shall not include any other form of
residential dwelling, a hotel, motel, motor hotel, nursing home, private
or public hospital, a recreational vehicle park, a tent campground, or
similar commercial or institutional use, as defined in Comprehensive
Zoning By-law 140-2002, as amended.
1.49. Short-Term Accommodation Rental, Whole-home means a Short-
Term Accommodation Rental that is rented from the landowner or the
long-term tenant who does not concurrently occupy a dwelling unit as a
principal residence on the same Lot;
1.50. Short-Term Accommodation Rental, Owner-occupied means a
Short-Term Accommodation Rental that is rented from the landowner
or the long-term tenant who concurrently occupies a dwelling unit as a
principal residence on the same Lot;
1.51. Short-Term Accommodation (STA) - On-farm Diversified means a
Short-Term Accommodation (STA) in which a whole or portion of the
dwelling unit or a second home is rented on a bona fide farm parcel that
has been owned and operated as such for a minimum of two (2) years.
1.52. Short-Term Accommodation, Villa means a cluster or group of
several purpose-built STA units having a maximum of 10 STA suites
characterized by a high degree of distinctive design and high standards
of amenity, with one (1) or two (2) dwelling units or premises thereof
permitted to be occupied as a primary home of the STA
owner/manager-operator.
1.53. Special Event, Outdoor means an outdoor sporting, cultural,
ceremonial, business or other type of unique activity or social
engagement, hosting a congregation of persons for a limited duration,
but which excludes construction-related activities, farm-related activities
or film production, and which may be licensed by the landowner through
the Alcohol and Gaming Commission of Ontario.
1.54. Special Event, Outdoor Congregational Area means the outdoor
open space area on a Parcel or a contiguous set of parcels designed or
designated for persons standing or seated for the purposes of being
entertained, observing or participating in a special event activities or
related activities.
1.55. Zoning By-law means the Municipality's Comprehensive Zoning By-
law 140-2002, as amended, or any successor comprehensive Zoning
By-law, as amended.
2.0
Administration
2.1.
The Licence Issuer shall be responsible for the administration of this by-law;
2.2.
Officers shall be responsible for the enforcement of this by-law;
2.3.
Applications for Licence shall be complete with required information and
requisite fees or charges. Incomplete applications for a Licence shall be
returned to the Applicant without further administrative consideration being
given by the Licence Issuer.
2.4.
Upon receipt of a complete application for a Licence, a Licence Issuer shall
perform the following functions:
2.4.1.
receive and review the application in conjunction with any
provision of this by-law and related by-laws;
2.4.2.
circulate for comment the Application to relevant Municipal
departments and external agencies as the Municipality deems
appropriate; and
2.4.3.
ensure the relevant Officers have carried out the necessary
inspections to satisfy the Municipality that the Premises comply
with the provisions of this by- law and related by-laws.
2.5.
Applications for licence and issued licences, along with the legal description,
civic address and associated owner, responsible person contact information
may be posted by the Municipality on its website.
2.6.
The Licencee shall be responsible to record and submit all administrative
fees, charges, and taxes, including as required under a Municipal
Accommodation Tax Bylaw. The Municipal Accommodation Tax is paid in
addition to any fees associated with the application for a Licence as referred
to herein.
2.7.
No person or owner shall have a vested right to the continuation or re-
issuance of a Short-Term Accommodation Rental Licence. All Short-Term
Rental Licences issued, renewed, cancelled, suspended or terminated
remain the sole property of the Municipality.
3.0
General Provisions Applicable to All STAs
3.1.
No Licence shall be issued unless in conformity and compliance with the
provisions of this By-law. Licences may be issued subject to conditions that
implement the requirements of this By-law.
3.2.
A Short-Term Accommodation dwelling shall only be permitted in areas
where it is a permitted use as set out in the Municipality's Zoning By-law.
3.3.
A Licence for a Short Term Accommodation dwelling will not be issued
where the addition of the Short Term Accommodation dwelling will result in
an area density of Short Term Accommodation dwellings that does not
comply with the provisions of the Zoning By-law, as amended.
3.4.
No person shall use or operate any Short-Term Accommodation dwelling
unless he or she holds a current Licence issued pursuant to this By-law.
3.5.
No person shall advertise a Short-Term Accommodation without a Licence.
3.6.
No Person shall operate a Short-Term Accommodation Rental in
contravention of a Municipal Agreement.
3.7.
The maximum number of guest Persons, including but not limited to
residents or occupants, permitted to stay for overnight lodging on any
licenced premise, shall be restricted to 2 persons per bedroom or guest
room and be delineated on the required floor plan. Dens or rooms with
murphy beds or pullout couches shall be included as a guest room.
3.8.
The maximum number of guest Persons who may lodge at a Short-Term
Accommodation rental is six (6) at the rate of two persons over aged twelve
(12) years per bedroom or sleeping area.
3.9.
All STA operators shall maintain a logbook with names and contact
information of all guests available for inspection by Municipal Officials upon
request.
3.10. Services supporting the STA will be deemed appropriate if:
3.10.1.
Stormwater and sump pump systems are not permitted to
discharge into the Municipal sanitary system;
3.10.2.
Water and sanitary connections comply with Municipal standards;
3.10.3.
Septic systems have been designed and connected in conformity
to the Ontario Building Code.
3.11. Where a lot contains an additional dwelling unit regulated by the
Comprehensive Zoning By-law No. 140-2002, as amended, the following
shall apply:
3.11.1.
A Principal Residence shall be located on the same lot as the
Short-Term Accommodation dwelling; and,
3.11.2.
A maximum of 3 Short Term Accommodation dwelling guest
rooms is permitted on the same lot.
3.12. The maximum number of guest Persons who may lodge at a Short-Term
Accommodation rental is limited to the number prescribed by the Municipal
Zoning By-law, or the regulations of this By-law, whichever is more
restrictive.
3.13. Where a lot contains a second or additional dwelling unit, the following shall
apply:
3.13.1.
A Principal Residence shall be located on the same lot as the
Short-Term Accommodation dwelling; and,
3.13.2.
No licencee shall rent any guest room in a Short-Term
Accommodation Rental dwelling other than a guest room that was
identified and approved as such on the floor plans submitted with
the Application for the Short-Term Accommodation Rental
Licence.
3.14. No Person Shall operate a Short-Term Accommodation Rental in
contravention to a Provincial Restriction or Order.
3.15. No Person shall contravene a Municipal By-law while occupying a Short-
Term Rental Accommodation.
3.16. The Licencee shall be responsible for maintaining the amenity and parking
areas and ensuring that guests use only the areas designated within the
approved Licence.
3.17. Short Term Accommodation dwellings shall comply with all applicable
Municipal By-laws and provincial legislation.
3.18. A Short Term Accommodation dwelling home may display one sign in
keeping with the Municipal Sign By-law.
4.0
Prohibitions
4.1.
No person shall operate a Short-Term Accommodation rental that does not
comply with the provisions of this by-law.
4.2.
No person shall operate or advertise or permit to operate or advertise a
Whole-home Short-term Accommodation rental.
4.3.
No person shall use or operate any Short-Term Accommodation Rental
dwelling unless he or she holds a current licence issued pursuant to this By-
law.
4.4.
No person shall advertise a Short-Term Accommodation without a licence.
4.5.
No person shall operate a Short-Term Accommodation in a dwelling unit that
does not conform to:
4.5.1.
The provisions of this By-law;
4.5.2.
The Ontario Fire Code;
4.5.3.
The Ontario Building Code;
4.5.4.
The Maintenance and Occupancy By-law;
4.5.5.
The Zoning By-law;
4.5.6.
Clean Yards By-law;
4.5.7.
Parking By-law; and,
4.5.8.
All other relevant Municipal By-laws.
4.6.
No Licencee shall rent any guest room in an STA other than a guest room
that was identified and approved as such on the floor plans submitted with
the Application for the Short-Term Accommodation Licence.
4.7.
No person shall operate a Short-Term Accommodation in a trailer, vehicle,
boat, or accessory structure.
4.8.
No Person shall violate the provisions of the Renter's Code of Conduct
attached as Schedule "A" to this by-law.
4.9.
All STAs shall comply with Sections 5.3.4 through 5.3.16 of this By-law,
inclusive.
5.0
Special Provisions Applicable to Short Term Accommodations
Bed and Breakfast Establishments and Owner-Occupied STAs
5.1.
Where a Bed & Breakfast Establishment is to be issued a Licence in
accordance with this By-law, in addition to the General and Specific
Provisions, the following provisions and considerations shall apply prior to
issuing the Licence:
5.1.1.
The maximum number of guest rooms shall be in conformity with
the Municipality's Zoning By-law;
5.1.2.
Bed & Breakfast Establishments shall be permitted only in zones
where expressly provided for as a permitted use in the Zoning By-
law and shall not be permitted as an accessory use.
5.1.3.
The Parking Management Plan for Bed and Breakfast
Establishments and Owner-Occupied STAs shall be one parking
space provided per guest room in addition to the required spaces
for the principal dwelling. Such parking spaces shall be on the
same lot as the use and shall comply with the requirements
outlined in Section 5 of the Zoning By-law. In addition, through
separate approval as a condition to a Licence Permit, a maximum
of one spill-over on-street parking space in a location meeting the
satisfaction of the By-law Enforcement Officer is permitted
between the time period of the 1st day of April and the 30th day of
November, inclusively, or as otherwise restricted by Municipal
Parking By-laws. A separate parking permit fee or a cash-in-lieu
parking agreement may be required in order to permit spill-over
on-street parking.
5.1.4.
Bed & Breakfast Establishments shall conform to all regulations
and requirements of the zone where permitted.
5.1.5.
A Bed & Breakfast Establishment, while being operated as a Bed
& Breakfast Establishment, must be occupied and operated by the
principal resident while guests occupy or have the right to occupy
guest rooms.
5.1.6.
A Bed & Breakfast Establishment may provide and serve breakfast
only. No other meal shall be offered or served on the premises.
Meal preparation shall occur in the kitchen. No cooking or cooking
appliances shall be permitted in licenced guest rooms.
5.1.7.
Each Bed & Breakfast Establishment licensed pursuant to the By-
law must provide proof to the Municipality at least every two (2)
years that it complies with the Fire Code and the Municipality's
Maintenance and Occupancy By-law.
5.2.
On-Farm Diversified STA
5.2.1.
A Licence may be issued for an STA on a farm parcel subject to
the following:
a)
the farm home operates as a Bed and Breakfast
Establishment,
or
Owner-occupied
Short-Term
Accommodation unit;
b)
the STA is located in an Additional Residential Unit as
defined in the Comprehensive Zoning By-law No. 140-2021,
as amended, on a parcel with a home that is occupied by
non-STA residents;
c)
for a Whole-home STA located on a bona fide farm parcel
that has been owned and operated as such for a minimum of
two (2) years.
5.3.
Whole-Home STAs
Whole-Home STAs shall comply with the following:
General Requirements:
5.3.1.
An STA Whole Home may be rented for no more than 15
consecutive days per calendar season before being subject to
occupancy limits and licensing requirements.
5.3.2.
Applications for a Licence for a Whole-home STA shall include a
floor plan, site plan, Nuisance and Property Management Plan, a
Parking Management Plan, and a Good Host Property Standards
Design; the STA Whole Home operation shall make required
improvements to buildings and property in compliance with each
approved Plan or Design, and maintain such, accordingly.
5.3.3.
Site Plans shall demonstrate a Private or Communal Amenity area
of sufficient area to accommodate the occupational capacity of the
STA at the rate and location established in the Comprehensive
Zoning By-law.
Building Code and Fire Code requirements:
5.3.4.
A qualified person shall submit to the Municipality on an annual
basis a confirmatory statement that the Whole-home STA
conforms to standards of the Fire Prevention and Protection Act
regarding Life Safety;
5.3.5.
Life Safety plans are required for all STAs to the satisfaction of the
Fire Chief.
5.3.6.
The Licencee shall obtain a burn permit if campfires are to be
allowed on the Property, in accordance with requirements of the
Municipality's By-law 125-2016 - Open Air Burning.
5.3.7.
Smoke Alarms and Carbon Monoxide Detectors shall be installed
in each suite and corridors serving the suites on each floor.
5.3.8.
All Short-Term Accommodation dwelling units must provide a
class ABC fire extinguisher in any cooking area and a class BC or
better on each floor of the unit.
5.3.9.
2.5 lb. ABC fire extinguishers shall be provided on every level of
the home and inspected monthly and documented and inspected
annually by a Certified Company.
5.3.10.
Fire Alarm Systems shall be verified and inspected annually by a
certified agency.
5.3.11.
Fire Protection Equipment Maintenance Log sheets will be
provided with the licence.
5.3.12.
Fire extinguishers shall be inspected monthly, which shall be
documented. A certified company shall inspect fire extinguishers
annually.
5.3.13.
Fire alarm systems shall be verified and inspected annually by a
certified agency.
5.3.14.
Applications for a Licence will include fire protection equipment
maintenance log sheets.
5.3.15.
Carbon monoxide detectors shall be installed outside of each
sleeping area in an STA home where fuel-fire appliances are in
the premises, or the STA includes an attached garage.
5.3.16.
All life safety equipment shall be tested monthly, which shall be
demonstrated through documentation. Inspections of life safety
equipment shall be completed annually by a certified company.
Documentation and related records shall be kept on-site for a
minimum of 2 years.
Parking Requirements
5.3.17.
The provision of parking on the site plan referenced herein shall
include the following:
(a)
adherence to parking requirements of the Municipality's
Comprehensive Zoning By-law No. 140-2002, as amended;
(b)
One parking space shall be provided per guest room in addition to
the required spaces for the principal dwelling. Such parking
spaces shall be on the same lot as the use and shall comply with
the requirements outlined in Section 5 of the Zoning By-law. In
addition, through separate approval as a condition to a Licence
Permit, a maximum of one spill-over on-street parking space in a
location meeting the satisfaction of the By-law Enforcement
Officer is permitted between the time period of the 1st day of April
and the 30th day of November, inclusively, or as otherwise
restricted by Municipal Parking By-laws. A separate parking
permit fee or a cash-in-lieu parking agreement may be required in
order to permit spill-over on-street parking.
(c)
a minimum of one parking space per Guest Room;
(d)
parking space sizes of 2.5 metres by 5.8 metres; and
compliance with all other parking provisions as set forth in the
Zoning By-law.
5.3.18.
No person shall park a vehicle other than in a parking area which
consists of a hard- surfaced driveway (gravel, paved, concrete,
interlock or similar hard surface).
5.3.19.
The Municipality may provide through conditions to the issued
Licence the limited use of on-street parking that in the opinion of
the Licence Issuer maintains safe and orderly parking
arrangements, inclusive of anticipated needs of adjacent land
uses.
Nuisance and Property Management
5.3.20.
A Whole-home STA owner or operator shall be responsible for
ensuring noise does not emit from the property in violation of the
Municipality's Noise By-law No. 118-2017, as amended.
5.3.21.
Each Whole-home STA shall illuminate the amenity area of the
property (typically the rear and side yard areas) for adequate
safety while directing all lighting internal to the lot and eliminating
glare onto adjacent homes. All overhead lighting designed to
illuminate outdoor amenity or recreational areas, or other
congregational areas shall be time-controlled to turn-off no later
than 11:00 pm.
5.3.22.
All outdoor pools and hot tub areas shall be screened and buffered
to mitigate noise to off-site areas.
5.3.23.
Outdoor pools, hot tubs areas and other recreational areas shall
not be used before 6:00 am or after 11:00 pm.
5.3.24.
No fireworks shall be deployed without a fireworks permit issued
by the Municipal Fire Chief.
5.3.25.
The site plan submitted as part of a STA Licence application shall
demonstrate a waste containerization area located and designed
to Municipal specifications.
5.3.26.
Dog and cat pets will be leashed.
Inviting Visitors or Hosting Special Events
5.3.27.
No STA will be used as a Special Event venue, such as weddings,
receptions or other events that cause the congregation of persons
above the capacity of the premises in accordance with the Ontario
Building Code.
5.3.28.
Notwithstanding Section 5.3.27, an Outdoor Special Event may be
permitted through a Special Event Permit issued under this By-law
on a limited basis for a maximum of 3 consecutive days occurring
no more frequent than one per season of the year on the Lot.
Where a Licencee wishes to host a Special Event, such as a family
wedding or a not-for-profit charitable function, the Licencee shall
provide prior notification to the Municipality by submitting a Special
Events Notification Form as set out in Schedule "D" to this by-law.
5.3.29.
Un-registered daytime guest(s) invited by the STA registered
licensed renter are not permitted above the number of persons
regulated by the most limiting restriction of the following:
a)
in accordance with the occupational capacities of the home
as specified in Fire Code, Building Code, or provisions of the
subject Licensing By-law;
b)
available parking area and spaces as approved by the
licence as issued;
c)
an approved Nuisance and Property Management plan; or
d)
outdoor Congregational Area or Private Amenity Area
requirements of this By-law.
6.0
Terms of Licence
6.1.
A Short-Term Accommodation Rental licence that has been issued pursuant
to this By-law shall expire upon the earliest of the following events:
6.1.1.
December 31st of the year issued;
6.1.2.
Upon the sale or transfer of the Short-Term Accommodation
Rental dwelling to a person other than a licencee;
6.1.3.
A Short-Term Accommodation licence cannot be assigned or
transferred from the Licencee to another party; or,
6.1.4.
The licence has been revoked in accordance with the provisions
of this by- law.
6.2.
The Director of Planning and Development Services or designate shall have
the right to extend any active Licence for up to 1 calendar year, should an
emergency be declared that directly effects the licence holders under this
program.
7.0
Licence Application Requirements
7.1.
Application Information Requirements
Every application for a new Licence, or the renewal of an existing
Licence, shall include:
7.1.1.
a completed application in the form required by the Municipality,
which shall include each name of the Owner, Applicant and/or
Agent, and each corresponding address, telephone number, and
email address;
7.1.2.
the name and contact information of the Owner or Owner's Agent
(responsible person) who can be readily contacted within thirty
(30) minutes and respond to an emergency or contravention of any
Municipality By-law, including attendance on site of the Short-
Term Accommodation Rental dwelling within sixty (60) minutes of
being notified of the occurrence.
7.1.3.
proof of Ownership for the Premises;
7.1.4.
proof that the Applicant is at least eighteen (18) years of age, if the
Applicant is an individual;
7.1.5.
proof that the Applicant, if a corporation, is legally entitled to
conduct business in Ontario, including but not limited to:
a)
an article of incorporation or other incorporating documents,
duly certified by the proper government official or department
of the Province of Ontario or the Government of Canada; and
b)
a list containing the names of all shareholders of the
Corporation;
c)
in the case of an Applicant being a partnership, the names
and addresses of each member of the partnership as well as
the name under which the partnership intends to carry on
business;
d)
in the case of an Applicant or Agent acting on behalf of the
Owner, an Owner's written authorization;
7.1.6.
A signed copy of the Short-Term Accommodation Rental MAT-Tax
Return Form, as applicable.
7.1.7.
A site plan and floor plan, drawn to scale and fully dimensioned of
the Premises including:
a)
the location of all buildings and structures on the Property;
b)
the use of each room;
c)
a carbon monoxide detector;
d)
a Life Safety Plan to the satisfaction of the Chief Building
Official and the Fire Chief Official, including information
showing location of smoke detection, early warning devices,
and location of fire extinguishers;
e)
all entrances/exits to and from the building;
f)
exterior decks that are appurtenant to the Premises; and
related site amenities including dimensioned parking spaces,
and other buildings or structures on the Property;
7.1.8.
a Parking Management Plan;
7.1.9.
a Nuisance and Property Management Plan;
7.1.10.
a Good Host Property Standards Design;
7.1.11.
Payment of the applicable Licensing Fees and Charges as noted
within the fees and charges by-law, including fees related to the
Municipal Accommodation Tax by-law, as applicable; and,
7.1.12.
Payment of Administrative Monetary Penalties, as applicable.
Changes to Application Information
7.2.
The Licencee shall be responsible for informing the Municipality in writing of
any changes to the approved information contained within the licence
application or any deviation to the approved plans within (7) days of such
change or deviation. Nothing herein allows a Licencee to rent rooms other
than those identified and approved on the floor plans submitted with the
application for a Licence unless the Municipality has approved same.
Duration and Renewal of Licence Applications
7.3.
Upon determination by the Licence Issuer that information requirements and
all
regulatory and by-law requirements of the Municipality are met, a Licence
shall be issued and remain valid for one (1) year, unless revoked.
7.4.
A Licence may be renewed without inspection if an affidavit declaration from
the Owner is received indicating that no changes to the building, Property or
operations have occurred and the owner has not been subject of any
suspension of licence or any complaints arising from the operation of the
STA during the previous calendar year. An inspection is mandatory every 2-
years prior to issuance of a Licence for a whole home Short Term
Accommodation or every four (4) years for a Short Term Accommodation
used as a principal residence or Bed & Breakfast Establishment.
7.5.
All renewal requests will include a completed Municipal Accommodation Tax
submission form together with full returns of due tax amounts.
Informing Renters
7.6.
The following shall be made available to guests with such information be
kept on site for easy reference by renters/occupants of the short term rental
accommodation:
7.6.1.
A copy of the current licence retained on site of the Short-Term
Accommodation Rental dwelling and available for inspection by
Municipality staff;
7.6.2.
A copy of the current Noise By-law (#2018-155),
7.6.3.
A copy of the current Parking provisions for Short-Term
Accommodation dwellings as described in the Municipality's
Zoning By-law No. 140-2002, as amended, and the approved
Parking Management Plan;
7.6.4.
A copy of the approved Nuisance and Property Management Plan;
7.6.5.
A copy of the approved floor plans identifying the rooms and
showing exits and fire escape routes and,
7.6.6.
A copy of the Renters Code of Conduct.
Insurance Requirements
7.7.
The Application information shall include proof satisfactory to the
Municipality, such as an insurance certificate from the Applicant's insurer,
that:
7.7.1.
the Applicant has sufficient general liability insurance in the
amount of no less than $5 million;
7.7.2.
the Applicant's insurance policy contains coverage for damage
from fire and does not prevent the applicant from using the subject
Property as a Short Term Accommodation; and
7.7.3.
the Applicant's insurance is cancellable by the Applicant's insurer
on no more than 30 days' prior notice.
8.0
Inspections
8.1.1.
The Applicant for a STA licence is responsible to contact the
Municipality for an inspection, which shall ensure compliance with
the following, where applicable to provisions of this by-law;
a)
Ontario Building Code Act, 1992, S.O. 1992 c.23; ("Building
Code Act")
b)
Ontario Fire Protection and Prevention Act, 1997, S.O. 1997,
c.4 ("Fire Protection and Prevention Act")
c)
Municipal
Maintenance
and
Occupancy
(Property
Standards) By-law;
d)
Municipal Zoning By-law;
e)
any other municipal by-laws or provincial legislation that may
affect the status of the application.
8.1.2.
During the inspection process, all relevant departments of the
Municipality may provide comment on any known matters that
would assist with determination of licence eligibility.
8.1.3.
An officer may at any reasonable time inspect a premise or place
where a licence has been issued under this By-law to determine
compliance to this By-law.
9.0
Issuance of Licence Suspension and Grounds for Refusal
9.1.
The Licence Issuer shall have the authority to issue, refuse to issue or renew
a Licence, to revoke or suspend a Licence, or to impose terms and
conditions on a Licence.
9.2.
The Licence Issuer may refuse to issue or renew a Licence where:
9.2.1.
incomplete information has been received;
9.2.2.
proof of liability insurance is not received;
9.2.3.
reasonable grounds are determined that the operation of the
business may be averse to the public interest;
9.2.4.
a Licence has been previously revoked, suspended, or made
subject to terms and conditions;
9.2.5.
a Person applying for a Licence has presented a history of
contravention with this by-law or other Municipality by-laws;
9.2.6.
the Renter's Code of Conduct (Schedule "A") has been violated;
9.2.7.
the proposed use of the Premises is not permitted by the Zoning
By-law;
9.2.8.
the Owner is indebted to the Municipality in respect of fines,
penalties, judgements, or any other amounts owing, including
awarding of legal costs, disbursements, outstanding Property
taxes and late payment charges, against an Owner's Property;
9.2.9.
the Property to be used for carrying on the trade, business or
occupation does not conform with applicable federal and provincial
law and regulations or municipal by-laws, including, but not limited
to, the Zoning By-law, Property Standards By-law, the Building
Code Act, the Fire Protection and Prevention Act, and the
Electricity Act.
9.3.
Upon confirmation of a violation, the License Issuer will record the
associated demerit strike as outlined in Section 11 and in Schedule "D".
9.4.
The Licence Issuer, if satisfied that the continuation of a Licence poses a
danger to the health or safety of any Person, may, for the time and such
conditions as are considered appropriate, suspend a Licence for not more
than 14 days. If after this period, the Licence Issuer is satisfied that the
continuation of a Licence will continue to pose a danger to the health or
safety of any Person, the Licence may be further suspended for not more
than 14 days or revoke a Licence.
9.5.
The Licence Issuer may revoke a licence if it was issued in error or granted
based on incorrect or false information.
10.0 Appeal
10.1. Any and all appeals shall be heard by Council, or a delegated sub-
committee thereof, or a delegated technical staff team.
Hearing Process:
10.2. The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990,
c. S. 22, as amended, shall apply to all hearings conducted under this By-
law, and Council may pass rules for the practice and procedure of the
Council;
10.3. Where the Licence Issuer has denied an Applicant a Licence, a renewal of
a Licence, or has suspended or revoked a Licence, the Licence Issuer shall
inform the Applicant or Licencee by way of written notice setting forth the
grounds for the decision with reasonable particulars and shall advise of the
right to appeal such decision to Council;
10.4. A Person may appeal to Council or its delegated body in relation to the
matter in subsection 10.3. Appeals will not be permitted for any matters that
have previously been heard. Within 14 days of receipt of written notice
where the Licence Issuer has denied an Applicant a Licence, a renewal of
a Licence, or has suspended or revoked a Licence Application, the applicant
must submit, in writing, a request for an Appeal as well as the fees
associated.
10.5. Where no request for an appeal is received, the decision of the Licence
Issuer shall be final and binding.
10.6. A hearing shall be held in public, unless determined otherwise in accordance
with the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as
amended, and Council or its delegated body shall hear the Applicant or
Licencee and every other Person who desires to be heard, and Council may
adjourn the hearing or reserve its decision.
10.7. No decision of Council or its delegated body is valid unless it is concurred
in by the majority of the members of Council that heard the matter, and the
decision of the Licensing Council, shall be in writing and shall set out the
reasons for the decision;
10.8. Any authority or permission granted by Council, or its delegated body may
be for such time and subject to such terms and conditions as Council
considers advisable and as are set out in the decision;
10.9. When a Person who has been given written notice of a hearing does not
attend at the appointed time and place, the Licensing Appeal Council or its
delegated body may proceed with the hearing in his absence, and the
Person shall not be entitled to any further notice of the proceedings;
10.10. The Clerk shall no later than fourteen (14) days from the making of the
decision send one (1) copy of the decision to:
10.10.1. the Applicant or Licencee; and
10.10.2. each person who appeared in person or by Counsel or by Agent
at the hearing and who filed with the Clerk a written request for
notice of the decision.
11.0 Demerit Point System
11.1. The Demerit Point System established on Schedule E to this By-law shall
be used in the consideration of the issuing, issuing with conditions,
suspension, refusal to issue and revocation of a License.
11.2. A Licensee may be assessed demerit points as outlined in Schedule E for a
contravention of this By-law or as a result of an Administrative Monetary
Penalty imposed by the Municipality or a fine or conviction imposed by a
Court for a breach of this By-law, or a By-law provision as identified in
Schedule B.
11.3. A Licensee shall be given Notice forthwith upon any Demerit Points being
issued against their Property. Any Demerit points issued pursuant to this By-
law may be appealed to Council or its delegated person or body in
accordance with Sections 8, 9, or 10 of this By-law.
11.4. Subject to Section 11.2 of this Bylaw, Demerit points accumulated by a
Licensee shall remain in place against the Licensee for a period of two (2)
years from the date the demerit points were imposed.
11.5. Where Demerit points have been accumulated by the Licensee and remain
in place, the License Issuer may take into account the Demerit points and
may reduce the term of a new Licence or impose additional conditions on a
new Licence, including a reduction in the maximum permitted occupancy.
11.6. A Licence may be suspended for a period of not longer than six months if
the total Demerit points in effect respecting a Licence is greater than 7.
11.7. A Licence may be revoked if the total of all Demerit points in effect is greater
than
11.8. Notice of a suspension or revocation under this section shall be provided to
the Owner or Licencee and an Owner or Licencee may appeal the
suspension or revocation in accordance with Section 10 of this Bylaw.
12.0 Enforcement
Entry and Inspection
12.1. The By-law Enforcement Officer, Chief Fire Official or designate(s) may at
any time, enter onto a property to determine whether this by-law is being
complied with.
12.2. Every Person shall permit the By-law Enforcement Officer, Chief Fire Official
or designate(s) to inspect any land for the purposes of determining
compliance with this by-law.
12.3. The By-law Enforcement Officer, Chief Fire Official or designates may enter
upon lands at any reasonable time to direct or require that a matter or thing
be done, and in default of that matter or thing being done, to do such matter
or thing in accordance with this by-law.
12.4. A Person exercising a power of entry on behalf of the Municipality under this
by-law may be accompanied by any Person under their direction, including
the Chief Building Official.
12.5. Where an inspection is conducted, the Officer conducting the inspection
may:
12.5.1.
require the production for inspection of documents or things
relevant to the inspection;
12.5.2.
inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
12.5.3.
require information from any Person concerning a matter related
to the inspection including their name, address, phone number
and identification; and,
12.5.4.
alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples, or
photographs necessary for the purposes of the inspection.
12.6. The Municipality may undertake an inspection pursuant to an Order issued
under Section 438 of the Municipal Act.
12.7. The Municipality's power of entry may be exercised by an Officer, or Agent
for the Municipality.
Obstruction
12.8. No Person shall hinder or obstruct, or attempt to hinder or obstruct, any
Person exercising a power or performing a duty under this by-law.
12.9. Every Person who has been alleged to have contravened any of the
provisions of this by-law, shall identify themselves to the By-law
Enforcement Officer, the Chief Building Official, the Chief Fire Official or their
designates upon request, failure to do so shall be deemed to have hindered
or obstructed the By-law Enforcement Officer, Chief Building Official, or
Chief Fire Official under section 9.1 of this by-law.
Order
12.10. Every person who contravenes any provision of this by-law is guilty of an
offence and all contraventions of this By-law are designated as continuing
offences pursuant to section 429(2) of the Municipal Act.
12.11. Service of any notice under this section shall be carried out by personal
service or registered mail addressed to the Licencee at the address shown
as the Licencee's address on the Application.
12.12. Upon determination that a contravention of the provisions of this by-law has
occurred, an Officer may issue the required notice and/or order.
12.13. Where an Officer has reasonable grounds to believe that a contravention of
the by- law has occurred, the Officer may serve an order on the Licencee
setting out the reasonable particulars of the contravention and directing:
12.13.1. compliance within a specified period of time;
12.13.2. any work that is required to be done. In the event of a default of
such work being done, the Officer may direct work to be done at
the Licencee's expense, and the Municipality may recover the
expense in the same manner as municipal taxes; or,
12.13.3. the activity be discontinued.
12.14. An order under this by-law may require work to be done even though the
facts which constitute the contravention of this by- law were present before
this by-law came into force.
12.15. Any violations of those Acts or by-laws, or any other relevant legislation, set
forth in Section 9.2.1 to 9.2.9 of this by-law shall be addressed pursuant to
the respective remedies.
12.16. Every Person shall comply with an order issued by an Officer.
Service of Documents
12.17. The Municipality may serve any document under this By-law, including but
not limited to a penalty notice, personally to the person named on the notice,
by registered or regular mail addressed to the person to whom the document
is to be given at the person's last known address.
12.18. Service by registered or regular mail under Subsection 12.17 shall be
deemed to have been made on the fifth day after the day of mailing.
12.19. A person's last known address includes the address provided by the person
to the Municipality as identified in the property tax file.
12.19.1. the provisions of the by-law;
12.19.2. an order issued under this by-law; or
12.19.3. an order made under Section 431 of the Municipal Act;
Administrative Monetary Penalties
12.20. Every person who contravenes any of the provisions of this By-law, including
those contained in any of the Schedules and every director of a corporation
who concurs in such contravention by the corporation is guilty of an offence
and may be subject to an Administrative Monetary Penalty (AMP) in
accordance with an AMP By-law as passed by Council of the Municipality of
Brighton, or as an offence and conviction liable to a fine in keeping with the
provisions of the Provincial Offences Act.
12.21. An Officer who finds that a person has contravened any provision of this By-
law may issue a penalty notice addressed to that person.
12.22. Any person who contravenes any provision of this By-law shall, upon
issuance of a penalty notice pursuant to Section 12.21, be liable to pay to
the Municipality an Administrative Monetary Penalty in the amount as noted
within the Fee and Charges Bylaw.
12.23. The penalty notice shall be given to the person to whom it is addressed as
soon as is reasonably practicable and shall include the following information:
12.23.1. Particulars of the contravention, including to which property it
applies;
12.23.2. The amount of the administrative monetary penalty;
12.23.3. A statement advising that an Administrative Monetary Penalty will
constitute a debt to the Municipality.
12.24. A person who has been issued a penalty notice shall pay the Administrative
Monetary Penalty within fifteen (15) days from the date the notice was
issued.
12.25. An Administrative Monetary Penalty that is deemed to be confirmed
constitutes a debt to the Municipality and may be added to the tax roll of the
property on which the offence occurred.
Fines
12.26. Every Person who contravenes any provision of this by-law is guilty of an
offence pursuant to the provisions of the Provincial Offences Act R.S.O.
1990, Chapter P.33, as amended, and upon conviction, a Person is liable to
a fine of not more than $5,000, exclusive of costs.
12.27. Every Person guilty of an offence under this by-law may, if permitted under
the Provincial Offences Act, pay a set fine and the Chief Judge of the Ontario
Court Provincial division, shall be requested to establish set fines in
accordance with Schedule "B" attached to this by-law.
12.28. Each day a contravention occurs constitutes a new offence.
12.29. Every Person, other than a company who contravenes any provision of this
by-law, and every director of a corporation who knowingly concurs in such
contravention by the Corporation, is guilty of an offence and on conviction
liable to a fine not exceeding $25,000 for a first offence and $50,000 for any
subsequent offence.
12.30. Where a corporation is convicted of an offence under this by-law, the
maximum penalty is $50,000 for a first offence and $100,000 for any
subsequent offence.
12.31. Where a Person has been convicted for an offence under this by-law by a
court of competent jurisdiction, the court may in addition to any other penalty
imposed on the Person convicted, issue an order prohibiting the
continuation or repetition of the offence or the doing of any act or thing by
the Person convicted directed toward the continuation or repetition of the
offence.
Collection of Unpaid Fines
12.32. Pursuant to Section 441 of the Municipal Act, if any part of a fine for a
contravention of this By-law remains unpaid after the fine becomes due and
payable under Section 66 of the Provincial Offences Act, R.S.O. 1990, c
P.33, ("Provincial Offences Act") including any extension of time for payment
ordered under that Section, the Licence Issuer may give the Person against
whom the fine was imposed a written notice specifying the amount of the
fine payable and the final date on which it is payable, which shall be not less
than 21 days after the date of the notice. If the fine remains unpaid after the
final date specified in the notice, the fine is deemed to be unpaid taxes
pursuant to Section 351 of the Municipal Act and may be added to the
Owner's tax roll and collected in the same manner as Property taxes.
13.0 Effective Date and Transitional Provisions
13.1. This By-law shall come into full force and effect upon enactment of the By-
law at which time all By-laws that are consistent with the provisions of this
By- Law and the same are hereby repealed insofar as necessary to give
effect to the provisions of this By-law.
13.2. Zoning By-law Conformity:
13.2.1.
A Property that is subject to a use that is not in conformity to the
permitted uses of the Comprehensive Zoning By-law No. 140-
2002, as amended, shall not be issued a Licence.
13.2.2.
In the event that the Applicant for a Short Term Accommodation
Licence pursuant to this By-law claims that the use as a Short
Term Accommodation is a legal non-conforming use pursuant to
Section 34(9) of the Planning Act or the Property that is subject to
the application was used as a Short Term Accommodation
dwelling at the time the By-law was passed by Council, the
Applicant shall provide evidence that is satisfactory to the Licence
Issuer together with a sworn Affidavit or Statutory Declaration from
a qualified certified accountant which shall include but not be
limited to the following information:
i.
The Property was being used as a Short Term Accommodation
dwelling on or before June 14th, 2021, and occupancy capacity
complies with the Property Maintenance and Occupancy
(Property Standards) By-law;
ii.
The nature and extent of the Short Term Accommodation use
on or before June 14th, 2021, so as to determine if the use has
changed, enlarged, expanded or increased since this date;
and,
iii.
The Property has not for a duration of 1-year or more prior to
June 14th, 2021, stopped being used as a Short Term
Accommodation.
13.3. Short Term Accommodations legally existing on the date of passage of this
by-law shall have until December 31, 2022, to obtain a Licence, after which
a Licence will be granted under full regard and effect to this By-law as though
the lot was never used as a Short-Term Accommodation rental.
13.4. Notwithstanding density restrictions of the Comprehensive Zoning By-law, a
Licence will be issued:
13.4.1.
for Short-Term Accommodations that were making use of legally
non-conforming and legally non-complying buildings and uses;
and,
13.4.2.
for conforming and complying buildings and uses.
13.5. To ensure density limits of Short-Term Accommodation rentals as
established in the Comprehensive Zoning By-law No. 140-2002 is not
exceeded, no new Whole-home Short Term Accommodation rental is
permitted to be licenced until January 1st, 2023.
14.0 Severability
14.1. If a Court of competent jurisdiction declares any section or part of a section
of this by-law to be invalid, such section or part of a section shall not be
construed as having persuaded or influenced Council to pass the remainder
of the by-law and herein is so declared that the remainder of the by-law shall
be valid and shall remain in force.
15.0 Schedule
15.1. Schedules "A", "B", "C", "D" and "E" as attached, forms part of this by-law.
16.0 Municipality Not Liable
15
The Municipality assumes no liability for property damage or
personal injury resulting from remedial action or remedial work
undertaken with respect to any Person or property that is subject of
this by-law.Authorization
17.1. That the Municipal Clerk be authorized and directed to take the necessary
actions to give effect to this by-law.
18.0 Repeal
18.1. The Ministry of the Attorney General may approve the set fines as identified
in Schedule "B" and "C" of this By-law, without further amendment to this
By-law.
19.0 Date of Taking Effect
19.1. This By-law shall take effect on the date when Official Plan Amendment No.
8 as adopted by the Municipality of Brighton through By-law No. 0094-2021
has been finally approved by the County of Northumberland.
19.2. As per Section 19.1, the Clerk shall record such date herein: April 12,
2022.
Read a first, second and third time and finally passed this 14th day of
March 2022.
Original signed by:
___________________________
Brian Ostrander, Mayor
Original signed by:
_____________________________
Candice Doiron, Clerk
Schedule `A'
Short-Term Accommodation Rental
Renter's Code of Conduct
1. Purpose of the Code
The purpose of the Renter's Code of Conduct is to acknowledge that Short-
Term Accommodation Rental premises are permitted in residential
neighbourhoods and that the permanent residents of these neighbourhoods
have the right to enjoy their own properties without nuisance. This Code
outlines specific requirements for Short-Term Rental Accommodations and
imposes responsibilities for both Owners and Renters of such properties.
Owners bear the primary responsibility of conveying this information to
renters of their property.
2. Objectives of this Code
The Objective of this Code is to establish acceptable standards of behaviour
for hosts and renters to minimize any adverse impacts on the neighbours and
the neighbourhood.
3. Residential Area
The Renter acknowledges for themselves and on behalf of others that they
will be occupying a Short-Term Accommodation Rental that is located in a
residential area.
4. Guiding Principles
The guiding principles for Short-Term Accommodation Rental renters are:
-
The premise that you are occupying is a home;
-
Treat the premise as your own;
-
Respect your neighbours; and
-
Leave it as you find it.
5. Maximum Number of Renters and Guests:
The maximum number of renters including non-occupying guests and
residents, permitted at a Short-Term Accommodation Rental premises shall
be limited to two (2) persons per guest room/bedroom/den as per Sections
3.7 and 3.8 of the Short-Term Rental Licensing By-law.
6. Noise and Residential Amenity:
No person shall make noise to cause a disturbance or conduct themselves
in a way that is likely to disturb area residents. Examples of noise that is likely
to disturb residents at any time include:
a) Loud music;
b) Outdoor or backyard gatherings or activities involving excessive noise
or disruptive behaviour;
c) Late evening/early morning disturbances; and,
d) Yelling, shouting, singing or conversing loudly.
Renters and their guests are not allowed to disturb neighbours or interfere
with their enjoyment of their premises, or the public realm, at any time of the
day or night. Failure to comply with the conditions of the Municipality Noise
By-law may result in legal action being taken.
7. Access and Parking:
Please familiarize yourself and your guests with the Parking Management
Plan for the premises to ensure ease of access with minimum disturbance to
neighbours.
All Short-Term Accommodation Rental premises have vehicle parking
requirements as part of the licensing process. Please refer to the approved
Premises Parking Management Plan.
8. Recycling and Garbage:
Please familiarize yourself and your guests with the Nuisance and Property
Management Plan, including the provisions that have been made for waste
management and the day of the week in which waste collection is scheduled.
It should be noted that the "putting out" of waste on a non-scheduled day is
regulated by the County of Northumberland's Waste Management By-law
Waste collection information and pick up times are available on the County
of Northumberland's website.
9. Dwellings on Lots on Private Sewage Disposal Systems:
Note: Maximum occupancy of a Short-Term Accommodation Rental is based
on a maximum of two persons per Guest Room. Exceeding the maximum
occupancy may result in the malfunctioning of the septic system and pollution
of the ground water system.
10. Fire and Occupant Safety:
All Short-Term Rental accommodations shall have operating smoke alarms.
In Short-Term Rental Accommodations which have a fuel-fired appliance or
solid fuel-fired appliance installed or an attached storage garage, the Owner
shall ensure that the building is equipped with a carbon monoxide alarm
installed outside of the sleeping areas. Further, the Owner shall regularly test
the alarms to ensure that they are operational. If a renter discovers that any
of the alarms are not operational the renter shall immediately notify the
property owner of the deficiency.
11. Owner's Additional Responsibilities
All owners and renters of Short-Term Rental Accommodations are
responsible for compliance with all other Municipality of Brighton by-laws
(including, but not limited to the following: Noise By- law, Waste By-law, Open
Air Burning By-law, etc.).
I,
having read the above,
and the terms of the Short-Term Rental Accommodations By-law and
Licence, undertake to provide those persons renting my short- term
rental accommodation with a copy of the Renter's Code of Conduct and
to advise them to act appropriately. I also realize that a violation of the
licensing agreement may result in the suspension or revocation of the
short- term rental accommodation for my property.
___________________________
_______________________
Signature of Applicant for Licence
Date
Schedule "B"
The Corporation of the Municipality of Brighton
Part I - Provincial Offences Act
By-Law No. 032-2022 - Short-Term Accommodation Rental By-law
Item
Short Form
Wording
By-law
Provision
Set Fine
1
Operate without a
licence
3.4
$400.00
2
Advertise unlicenced
Short-Term
Accommodation
Rental
3.5
$400
3
Violate the renters
code of conduct
4.7
$400
4
Licencee rents
unapproved room
3.7, 3.13.2
$500
5
Operate in
contravention of a
Municipal Agreement
3.6
$500
6
Operate in
contravention to a
Provincial Restriction
or Order
3.14
$500
7
Fail to permit an
inspection
12.2
$500
8
Hinder or obstruct
any person from
performing their duty
12.8
$500
9
Licencee fail to
provide contact
information
3.9, 7.1.2
$350
10
Fail to comply with
Order
12.16
$500
NOTE: The general penalty provision for the offences listed above is
Section 12.0 of By-law ____ - 2022, as amended, a certified copy of
which has been filed.
Schedule "C"
The Corporation of the Municipality of Brighton
Part II - Provincial Offences Act
By-Law No. 032-2022 - Short-Term Accommodation Rental By-law
Item
Short Form
Wording
By-law
Provision
Set Fine
1
Fail to comply with
an approved Life
Safety Plan
4.8
$350.00
2
Fail to park a
vehicle on a hard
surfaced driveway
5.3.18
$350.00
3
Fail to park in
accordance with an
approved Parking
Management Plan
5.1.3, 5.3.2
$350.00
4
Fail to install or
maintain in
accordance with
Nuisance and
Property
Management Plan
5.1.3
$350.00
5
Fail to install or
maintain in
accordance with an
approved Good
Host Property
Standards Design
5.1.3
$350.00
Schedule "D"
The Corporation of the Municipality of Brighton
Special Event Notification Form
By-Law No. 032-2022 - Short-Term Accommodation Rental By-Law
Special Event Notification Form
Municipal
Address:
______________________________________________________
Licence
Owner:
_________________________________________________________
Date
of
Event:
__________________________________________________________
Description of Event:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
______________________________
Number
of
Persons
Attending:
____________________________________________
I will not be hosting paid guests on site for this event.
I will be hosting paid guests on site for this event.
Please be advised that this form is required to be submitted to the Municipal
Clerk no later than seven (7) days prior to the scheduled event.
Schedule "E"
The Corporation of the Municipality of Brighton
-
Offence Demerit Points
By-Law No. 032- 2022 - Short-Term Accommodation Rental By-law
Item
Short Form
Wording
By-law Provision
Infracted
Demerit Point
Assigned
1
Violate the
Renters Code of
Conduct
4.7
1
2
Non-adherence to
Parking
Management Plan
5.1.3, 5.3.2
1
3
Non-adherence to
Nuisance and
Property
Management Plan
5.1.3
1
4
Non-adherence
with Life Safety
Plan
4.8, 5.3.5, 5.3.16
2
5
Non-adherence
with Good Host
Property
Standards Design
5.3.2
1