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CITY OF NIAGARA FALLS
By-law No. 2018-91
A by-law to amend By-law No. 79-200; By-law No. 1538, of the former Township of
Crowland, now the City of Niagara Falls; and By-law No. 395, of the former Township of
Willoughby, now the City of Niagara Falls, to introduce new definitions and regulatory
provisions respecting Bed and Breakfasts (AM-2017-005).
WHEREAS it is the express intention of the Council of the City of Niagara Falls to
amend Zoning By-law No. 79-200, By-law No. 1538 and By-law No. 395, to add a new
permitted use called "Bed and Breakfast";
AND WHEREAS it is the express intention of the Council of the City of Niagara Falls
that the permitted use "Bed and Breakfast" shall be conditional upon the operator of the
land use, obtaining a license from the City of Niagara Falls and maintaining that license
in good standing and that no property, other than a property that has been zoned by a
site specific by-law enacted by this Council, shall be found to have the permitted use
"Bed and Breakfast" as of right;
AND WHEREAS the Council of the City of Niagara Falls is aware of the presence within
the City of Niagara Falls of uses that may fall within the ambit of the definition of "Bed
and Breakfast" set out in this amending by-law that are in operation at this time;
AND WHEREAS it is the express intention of the Council of the City of Niagara Falls
that this amending by-law shall have no impact of any kind upon the existing rights of
the operators of existing permitted uses that may fall within the ambit of the definition of
"Bed and Breakfast" as set out in this amending by-law;
AND WHEREAS the rights of the operators of existing permitted uses that may fall
within the ambit of the definition of "Bed and Breakfast" do not, and never have,
included the right to operate a "Bed and Breakfast" in the absence of a license for that
operation issued by the City of Niagara Falls that is, and has been, maintained in good
standing;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
By-law No. 79-200
1.
SECTION 2 - DEFINITIONS of By-law No. 79-200 is amended by adding the
following sections:
"2.9A
"BED AND BREAKFAST" means a home occupation that provides
guest rooms and breakfast to the travelling and vacationing public
and is licensed by the City of Niagara Falls to carry on business.
2.23A
"GUEST ROOM" means a room or suite of rooms which is capable
of being rented separately to the travelling and vacationing public
and does not have any cooking facilities.
2
2.29A
"LICENCE" means a City of Niagara Falls business licence issued
pursuant to the City's Licencing By-law.
2.36B
"OWNER" means the owner of a lot as recorded in the records of
the Registry Office for the Land Titles Division of Niagara South
maintained in that Office for that lot."
2.
Table 1 of clause (a) of section 4.19.1 of By-law No. 79-200 is amended by
deleting the following:
"Tourist Home
1 parking space for each
sleeping unit"
and adding the following:
"Bed and Breakfast
1 parking space for each guest
room in addition to the parking
space required for a detached
dwelling or dwelling unit"
3.
SECTION 4 - GENERAL PROVISIONS of By-law No. 79-200 is amended by
adding the following:
"4.37
BED AND BREAKFAST: a bed and breakfast shall comply with
the following provisions:
a)
A bed and breakfast must be located in the dwelling or
dwelling unit that is the primary residence of the owner;
b)
The maximum number of guest rooms permitted in a bed
and breakfast in a dwelling or dwelling unit in a R1A,
R1B, R1C, R1D, R1E, R1F, R2, R3, TRM, DC, DTC, A, R
and DH zone shall be 3;
c)
The maximum number of guest rooms permitted in a bed
and breakfast in a dwelling or dwelling unit in a GC, CB
and TC zone shall be 6;
d)
A bed and breakfast shall require a license issued by the
City of Niagara Falls and the municipal license of a bed and
breakfast must be kept current and maintained in good
standing;
e)
The maximum number of guests permitted to stay in a guest
room shall be in accordance with the requirements of the
Building Code Act, 1992, S.O. 1992, c. 23, as amended, and
the regulations promulgated thereunder;
f)
Subject to clause (g) of section 4.37, every reference to a
zone in clauses (b) and (c) of section 4.37 shall be deemed
to include any zone described in section 19 of the by-law
3
that is derived from the zones listed in clauses (b) and (c) of
section 4.37;
g)
Existing tourist homes and any other permitted uses that
fall within the ambit of the definition of a bed and breakfast
as set out in this by-law shall henceforth be referred to as a
bed and breakfast, but in all other respects shall continue to
be governed by the site specific regulations that govern their
permitted use on the effective date of this amendment to the
by-law;
h)
Parking and access requirements shall be in accordance
with section 4.19.1."
4.
Section 7.1.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(e)
A bed and breakfast in a detached dwelling, that complies with
the provisions set out in section 4.37"
5.
Section 7.2.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(e)
A bed and breakfast in a detached dwelling, that complies with
the provisions set out in section 4.37"
6.
Section 7.3.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(e)
A bed and breakfast in a detached dwelling, that complies with
the provisions set out in section 4.37"
7.
Section 7.4.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(e)
A bed and breakfast in a detached dwelling, that complies with
the provisions set out in section 4.37"
8.
Section 7.5.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(e)
A bed and breakfast in a detached dwelling, that complies with
the provisions set out in section 4.37"
9.
Section 7.5A.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(e)
A bed and breakfast in a detached dwelling, that complies with
the provisions set out in section 4.37"
4
10.
Section 7.7.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(g)
A bed and breakfast in a detached dwelling, or in a dwelling
unit of a semi-detached dwelling or a duplex dwelling, that
complies with the provisions set out in section 4.37"
11.
Section 7.8.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(i)
A bed and breakfast in a detached dwelling, or in a dwelling
unit of a semi-detached dwelling or a duplex dwelling, that
complies with the provisions set out in section 4.37"
12.
Section 7.16.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(g)
A bed and breakfast in a detached dwelling, that complies with
the provisions set out in section 4.37"
13.
Section 8.2.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clauses:
"(uu)
A bed and breakfast in an existing detached dwelling or
dwelling unit, that complies with the provisions set out in section
4.37"
14.
Section 8.3.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(f)
A bed and breakfast in an existing detached dwelling, that
complies with the provisions set out in section 4.37"
15.
Section 8.5.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(nn)
A bed and breakfast in an existing detached dwelling or
dwelling unit, that complies with the provisions set out in section
4.37"
16.
Clause (gg) of Section 8.6.1 PERMITTED USES of By-law No. 79-200 is deleted
and replaced with the following clause:
"(gg)
A bed and breakfast in an existing detached dwelling or
dwelling unit, that complies with the provisions set out in section
4.37"
17.
Section 8.8.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
5
"(e)
A bed and breakfast in an existing detached dwelling, that
complies with the provisions set out in section 4.37"
18.
Section 12.1 PERMITTED USES of By-law No. 79-200 is amended by adding the
following clause:
"(e)
A bed and breakfast in a detached dwelling, that complies with
the provisions set out in section 4.37"
19.
Section 13.1 PERMITTED USES of By-law No. 79-200 is amended by adding the
following clause:
"(e)
A bed and breakfast in a detached dwelling, that complies with
the provisions set out in section 4.37"
20.
Section 15.1 PERMITTED USES of By-law No. 79-200 is amended by adding the
following clause:
"(k)
A bed and breakfast in a detached dwelling that complies with
the provisions set out in section 4.37"
21.
Section 5.11 of By-law No. 79-200 is deleted.
By-law No. 1538
22.
SECTION 2 - DEFINITIONS of By-law No. 1538 is amended by adding the
following subsections:
"2.5.1
"Bed and Breakfast" shall mean a home occupation that provides
guest rooms and breakfast to the travelling and vacationing public
and is licensed by the City of Niagara Falls to carry on business.
2.44.1
"Guest Room" shall mean a room or suite of rooms which is
capable of being rented separately to the travelling and vacationing
public and does not have any cooking facilities.
2.47.1
"Home Occupation" shall mean an occupation or business
conducted for gain or profit, within a one family detached dwelling,
by any primary resident of the one family detached dwelling.
2.49.1
"Licence" shall mean a City of Niagara Falls business licence
issued pursuant to the City's Licencing By-law.
2.62.1
"Owner" shall mean the owner of a lot as recorded in the records of
the Registry Office for the Land Titles Division of Niagara South
maintained in that Office for that lot."
23.
The Schedule of Clause 5.20 - OFF-STREET PARKING REQUIREMENTS of
SECTION 5 - GENERAL PROVISIONS TO ALL DISTRICTS of By-law No. 1538
is amended by adding the following:
6
"10.
A bed and breakfast
1 parking space for each
guest room, in addition to the
parking spaces required for a
dwelling unit"
24.
SECTION 5 - GENERAL PROVISIONS TO ALL DISTRICTS of By-law No. 1538
is amended by adding the following subsection:
"5.28
BED AND BREAKFAST
A bed and breakfast shall comply with the following provisions:
(a)
A bed and breakfast must be located in a one family
detached dwelling that is the primary residence of the owner;
(b)
The maximum number of guest rooms in a bed and
breakfast shall be 3;
(c)
A bed and breakfast shall be licensed by the City of Niagara
Falls and the municipal license of a bed and breakfast must
be kept current and maintained in good standing;
(d)
The maximum number of guests permitted to stay in a guest
room shall be in accordance with the requirements of the
Building Code Act, 1992, S.O. 1992, c. 23, as amended, and
the regulations promulgated thereunder; and
(e)
Parking and access requirements shall be in accordance
with subsection 5.20 of Section 5."
25.
Subsection 7.1 USES PERMITTED of SECTION 7 - RURAL AGRICULTURAL
RA of By-law No. 1538 is amended by adding the following subsection:
"7.1.7
A bed and breakfast in a one family detached dwelling that
complies with the provisions set out in Section 5."
By-law No. 395
26.
Subclause (a) of Clause (7) of SECTION III A PROVISIONS FOR ALL ZONES:
of By-law No. 395 is amended by deleting subclause (ii) and inserting the
following:
"(ii)
"guest room of a hotel, motel, cabin or bed and breakfast".
27.
SECTION III A PROVISIONS FOR ALL ZONES: of By-law No. 395 is amended
by adding the following subclause:
"(9)
Bed and Breakfast
A bed and breakfast shall comply with the following provisions:
7
(a)
A bed and breakfast must be located in a single family
dwelling that is the primary residence of the owner;
(b)
The maximum number of guest rooms permitted in a bed
and breakfast shall be 3;
(c)
A bed and breakfast shall be licensed by the City of Niagara
Falls and the municipal license of a bed and breakfast must
be kept current and maintained in good standing;
(d)
The maximum number of guests permitted to stay in a guest
room shall be in accordance with the requirements of the
Building Code Act, 1992, S.O. 1992, c. 23, as amended, and
the regulations promulgated thereunder; and
(e)
Parking and access requirements shall be in accordance
with clause 7 of Section III A."
28.
SECTION III B DEFINITIONS: of By-law No. 395 is amended by adding the
following:
"Bed and Breakfast" shall mean a home occupation that provides guest rooms
and breakfast to the travelling and vacationing public and is licensed by the City
of Niagara Falls to carry on business.
"Guest Room" shall mean a room or suite of rooms which is capable of being
rented separately to the travelling and vacationing public and does not have any
cooking facilities.
"Home Occupation" shall mean an occupation or business conducted for gain or
profit, within a single detached dwelling, by any primary resident of that single
detached dwelling.
"Licence" shall mean a City of Niagara Falls business licence issued pursuant to
the City's Licencing By-law.
"Owner" shall mean the owner of a lot as recorded in the records of the Registry
Office for the Land Titles Division of Niagara South maintained in that Office for
that lot."
29.
Subsection (1) Uses Permitted of SECTION VI RURAL: of By-law No. 395 is
amended by adding the following clause:
"(d)
bed and breakfast in a single family dwelling that complies with the
provisions set out in Section III A:"
30.
Subsection (1) Uses Permitted of SECTION VII VILLAGE RESIDENTIAL: of By-
law No. 395 is amended by adding the following clause:
"bed and breakfast in a single family dwelling that complies with the provisions
set out in Section III A."
8
........................................................................ ......................................................
31.
Subsection (1) Uses Permitted of SECTION VIII NIAGARA RIVER PARKWAY
RESIDENTIAL: of By-law No. 395 is amended by adding the following clause:
"bed and breakfast in a single family dwelling that complies with the provisions
set out in Section III A."
32.
A new Section XIV of By-law No. 395 is added, as follows:
"SECTION XIV EXISTING BED AND BREAKFAST USES
Existing tourist homes and any other permitted uses that fall within the ambit of
the definition of a bed and breakfast as set out in this by-law shall henceforth be
referred to as a bed and breakfast, but in all other respects shall continue to be
governed by the site specific regulations that govern their permitted use on the
effective date of this amendment to the by-law."
Passed this fourteenth day of August, 2018.
WILLIAM G. MATSON, ACTING CITY CLERK
VINCE KERRIO, ACTING MAYOR
First Reading:
August 14, 2018
Second Reading:
August 14, 2018
Third Reading:
August 14, 2018