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CITY OF NIAGARA FALLS
By-law No. 2018-92
A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory
provisions respecting Vacation Rental Units (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, to add a new permitted use called "Vacation Rental
Unit";
AND WHEREAS it is the express intention of the Council of the City of Niagara Falls
that the permitted use "Vacation Rental Unit" 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 so
zoned by a site specific by-law enacted by this Council, shall be found to have the
permitted use "Vacation Rental Unit" 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
"Vacation Rental Unit" 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 fall within the ambit of the definition of
"Vacation Rental Unit" 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 "Vacation Rental Unit" do not, and never have,
included the right to operate a "Vacation Rental Unit" 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 deleting
section 2.15.1 - "COTTAGE RENTAL DWELLING" and by adding the following
section:
"2.61B
"VACATION RENTAL UNIT" means the commercial use of a
detached dwelling or dwelling unit that is available for rent in its
entirety for a period of 28 consecutive days or less, to provide
temporary lodging to a single group of the travelling and vacationing
public and is licensed by the City of Niagara Falls to carry on
business".
2.
Table 1 of clause (a) of Section 4.19.1 REQUIREMENTS of By-law No. 79-200 is
amended by adding the following:
"Vacation Rental Unit
2 parking spaces, which may be provided in
tandem"
2
3.
SECTION 4 - GENERAL PROVISIONS of By-law No. 79-200 is amended by
adding the following:
"4.38
VACATION RENTAL UNIT: a vacation rental unit shall comply with
the following regulations:
(a)
The maximum number of bedrooms permitted in a vacation
rental unit in an existing detached dwelling or dwelling
unit in a TC, GC, and CB zone shall be 3;
(b)
A vacation rental unit shall be licensed by the City of
Niagara Falls and the municipal license of a vacation rental
unit must be kept current and maintained in good standing;
(c)
The maximum number of travelers permitted to stay in an
existing detached dwelling or dwelling unit used as a
vacation rental unit 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;
(d)
Subject to clause (e) of section 4.38, any and every
reference to a zone in clause (a) of section 4.38 shall be
deemed to include any zone described in section 19 of the
by-law that is derived from the zones listed in clause (a) of
section 4.38;
(e)
Existing cottage rental dwellings and any other permitted
uses that fall within the ambit of the definition of a vacation
rental unit as set out in this by-law shall henceforth be
referred to as a vacation rental unit, 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;
(f)
Parking and access requirements shall be in accordance
with section 4.19.1."
4.
Section 8.2.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(vv) Vacation rental unit within an existing detached dwelling or dwelling
unit, that comply with the regulations set out in section 4.38"
5.
Section 8.5.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(oo) Vacation rental unit within an existing detached dwelling or dwelling
unit, that comply with the regulations set out in section 4.38"
3
........................................................
........................................................................
6.
Section 8.6.1 PERMITTED USES of By-law No. 79-200 is amended by adding
the following clause:
"(hh) Vacation rental unit within an existing detached dwelling or dwelling
unit, that comply with the regulations set out in section 4.38"
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