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THE CORPORATION OF THE TOWN OF PELHAM
By-Law No. 4257- 2020
Being a By-law to licence, regulate and govern the operation of short te m
accommodation in the Town of Pelham.
WHEREAS Section 8 (1) of the Municipal Act, 2001. S.O. 2001 , c. 25 (hereinlfter
"Municipal Acf') provides the powers of a municipality under this or any other Act sh~II be
interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues;
AND WHEREAS pursuant to Section 9 of the Municipal Act, a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of exerci ing
its authority under this or any other Act;
I
AND WHEREAS pursuant to Section 11 (2)(6) of the Municipal Act, a lowet tier
municipality has the authority to implement Business licencing in the interest of h alth
and safety, well-being of persons, consumer protection and nuisance control;
AND WHEREAS Sections 11 (3)(7) and 11 (3)(8) of the Municipal Act, authori e a
Municipality to pass by-laws respecting health, safety and well-being of persons, par ing
on Property, structures including fences and signs;
AND WHEREAS Sections 390 to 400 of the Municipal Act enable a municipality to ass
By-laws for imposing Fees or charges for permits and services provided or done by tJem;
AND WHEREAS Section 425 of the Municipal Act, authorizes a Municipality to crea ,e
offences;
AND WHEREAS pursuant to Section 434.1 of the Municipal Act, a municipality has the
authority to impose a system of administrative penalties and Fees as an additional means
of encouraging compliance with this by-law;
I
AND WHEREAS Section 436 of the Municipal Act permits a municipality to pass by-laws
providing that the municipality may enter on land at any reasonable time for the pur9ose
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 municipalit1 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 Ila nd
on which the contravention occurred to discontinue the contravening activity;
AND WHEREAS the Council of the Corporation of the Town of Pelham has engaged in
public consultation, including public meetings, a round table meeting with commJnity
groups and in direct consultation with Owners/Operators of Short Term Accommod tion
facilities including Bed and Breakfast Establishments and vacation rentals;
AND WHEREAS the Council of the Corporation of the Town of Pelham conside s it
Term Accommodation Rentals as defined in this By-law;
AND WHEREAS, Council has enacted Official Plan Amendment No. 1 O and Zoning By-
law Amendment 4256 (2020) under the provisions of the Planning Act, R.S. 0. 199 1, c.
P13, as amended, with respect to Short Term Accommodation within the municipality pnd
having done so desires to provide for a system of Licencing to implement said policies
and provisions;
l
AND WHEREAS pursuant to Section 151 of the Municipal Act, Council is exercisin , its
authority to provide for a system of Licences with respect to Short Term Accommodllion
Businesses; and
NOW THEREFORE the Council of The Corporation of the Town of Pelham enar
a~
follows:
SECTION 1: DEFINITIONS AND INTERPRETATION
"ADMINISTRATIVE PENALTY PROCESS BY-LAW" By-law #4221(2020), as am nded
from time to time, means a civil mechanism for promoting compliance with munici al by-
laws. Administrative penalties can be imposed through administrative processes, rather
than fines imposed in quasi-criminal court processes.
"ANCILLARY" means a use, Building or structure that is located on the same lot th t may
or may not be detached from the main Building and is essential to a principal or mai use,
Building or structure therewith.
"BED & BREAKFAST ESTABLISHMENT" means a principal residence Dwelling in hich
the Owner and operator provides Guest Rooms for the temporary accommodat on of
twenty-eight (28) consecutive days or less to the traveling public and may offer mj als to
the registered guests, but does not include a hotel, motel, inn, tavern or any oth r use
governed by the Innkeepers Act, R.S.O. 1990, c.1.7, as amended.
"BUILDING" means, a structure occupying an area greater than ten (10) square retres
consisting of a wall, roof and floor or any of them or a structural system serving the fu ction
thereof including all plumbing, works, fixtures and service systems related thereto.
"BUSINESS, Short Term Accommodation" shall mean the business of maki g or
attempting to earn revenue by engaging in or by advertising the availability of a Short Term
Accommodation for twenty-eight (28) consecutive days or less for remuneration or other
good and valuable consideration.
"COOKING APPLIANCES" means equipment for food preparation, such as a hot plate,
microwave, toaster or toaster oven, oven or stove top, but does not include a coffee aker,
kettle or bottle warmer.
"COUNCIL" means the Municipal Council of the Corporation of the Town of Pelham
"DWELLING UNIT" means one (1) or more habitable rooms, in a Building, 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 proyided,
and which has a private entrance from outside the Building or from a common halll,yay or
stairway inside. For the purposes 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 otel,
motel, or motor home.
"DWELLING, PRINCIPAL RESIDENCE" means a Dwelling Unit owned or rented by a
person, alone or jointly with another person, which is their principal place of residency.
"FEE" means as set out in the Town of Pelham Annual Rates and Fees Schedule, rl hich
is not prorated and non-refundable.
"FIRE PREVENTION OFFICER" means any member of a fire prevention b reau
established by a municipality and every person designated by the fire Marshall
s an
assistant to the fire Marshall.
"GUEST ROOM" means a room or suite of rooms used or maintained fo
the
accommodation of individuals to whom hospitality is extended for compensation.
"LICENCE" means the certificate or other similar document issued pursuant to this b -law
as proof of Licencing under this by-law.
"LICENCED" means to have in one's possession a valid and current Licence issued
this by-law and unlicenced has the contrary meaning;
"LICENCEE" means a person issued a Licence under this by-law to operate a Short erm
Accommodation.
"LICENCE ISSUER" means any person or persons provided the authority by the To n to
issue a Licence under this by-law.
"MUNICIPAL LAW ENFORCEMENT OFFICER" means a Municipal Law Enforc ment
Officer of the Corporation of the Town of Pelham who is duly appointed by the Cou cil of
the Corporation for the purpose of enforcing the provisions of the Corporation's By-lar
o~
a Niagara Regional Police (NRP) Officer.
"OWNER" means any person(s) or corporation who is a registered Owner, has a le al or
equitable interest, has a legal right to obtain possession, and who has cont ol or
management of any Property, land, Building or structure. In the case of a Corporatio~, any
authorized signing officer is considered the Owner for the purposes of this By-law.
"PARKING AREA" means an area or structure, including a private garage, c rport,
provided for the parking of vehicles, and includes any related parking aisles, parking
spaces and structures, but does not include any part of a street or lane.
"PROPERTY" means any lot, block or other area in which land is held or into whi h it is
subdivided, including the Buildings and structures thereon.
"RENTER" means the person, who has obtained entitlement to exclusive use of a portion
or the entirety of a Short Term Accommodation rental from the Licencee.
f
"RENTER'S CODE OF CONDUCT" as set forth in Schedule A means a docume t that
has been prepared by the Town that prescribes the roles and responsibilities of the R nter,
including behavioral expectations as they relate to non-disturbance; which provi~es a
warning related to the making of a disturbance; and, which identifies applicable To11 n by-
laws that the Renter must comply with including the adherence to the provisions oft is by-
law.
"RESPONSIBLE PERSON" means the Owner or an agent assigned by the Ow I er or
Licencee of the Short Term Accommodation to ensure the Short Term Accommodation is
operated in accordance with the provisions of this By-law, the Licence and applicable laws.
"SECOND DWELLING UNIT" means a Dwelling Unit within a single-deta hed,
semidetached, or townhouse Dwelling; or within a detached structure accessor~ to a
primary Dwelling.
"SITE DRAWING" means a plan that identifies those measures the Owner will impl ment
so as to ensure compliance with Section 5 of this by-law.
"SHORT TERM ACCOMMODATION (STA)" means a Dwelling or Dwelling Unit, t at in
whole or part, is rented or available for rent with the intention of financial compensati n for
an occupancy period of less than twenty-eight (28) consecutive days and includes
Bed
and Breakfast Establishment, but does not include a motel, hotel, inn, tavern or any other
use governed by the Innkeepers Act, R.S.O. 1990, c.1.7, as amended.
"TOWN" means the Corporation of the Town of Pelham.
"TOWN CLERK" means the person or his/her designate as appointed by the Cou cil of
the Town.
"ZONING BY-LAW" means the Town of Pelham's Comprehensive Zoning By-Law 1136
(1987), as amended from time to time and any successors thereto.
SECTION
2:
GENERAL PROVISIONS APPLICABLE TO ALL SHORT- ERM
ACCOMODATION(S)
1.
No person shall use or operate any Short Term Accommodation unless he o she
holds a current Licence issued pursuant to this By-law.
2.
No person shall advertise a Short Term Accommodation without a Licence.
3.
Where a lot contains a Second Dwelling Unit as defined by the Comprehensive Z ning
By-law, the following shall apply:
a) A Principal Residence of the Property Owner shall be located on the
same lot as the Short Term Accommodation; and
b) A maximum of three (3) Short Term Accommodation Guest Rooms are
permitted on the same lot.
4.
Short Term Accommodation(s) shall comply with all applicable Municipal By-law and
provincial legislation.
5.
The following shall be made available to guests:
a) a copy of the current Licence displayed interior to the Short Term
3
6.
7.
8.
9.
Accommodation and available for inspection by Town staff;
b) a copy of the current Town Noise Control By-law 3130-2010, as
amended;
c) a copy of the current Town's Public Nuisances By-law No. 4253(2020);
d) a copy of the current parking provisions for Short Term Accommodation
as described in the Town's Zoning By-law;
e) a copy
of the current Town
Administrative Penalty Process
By-
law 4221 (2020);
f)
a copy of the current Town Fireworks By-law 2951-2008; and
g) a copy of the approved floor plans identifying the rooms and also
showing exits and fire escape routes.
The Licencee shall be responsible for maintaining the amenity and Parking Are s.
All Short Term Accommodation establishments must provide a 2A-1 0BC or better fire
extinguisher in any cooking area and on every level of the establishment.
I
All Short Term Accommodation establishments must post fire emergency proced!ures.
All Short Term Accommodation establishments shall prepare and have appro) d by
the Fire Chief, a fire safety plan as per section 2.8.2 of the Ontario Fire Code.
10. No Licencee shall rent any Guest Room in a Short Term Accommodation othe than
a Guest Room that was identified and approved as such on the floor plans sub itted
with the Application for the Short Term Accommodation Licence.
11. All Short Term Accommodation shall provide proof of insurance and carry a minimum
of $2 million dollars' liability insurance, unless a pool or hot tub is present dn the
premise, then a minimum of $5 million dollar's liability insurance shall be carrie~ The
insurance shall identify that a STA is being operated on the Property. The lnsu ance
coverage required herein shall be endorsed to the effect that the Town of Pel ha
shall
be given at least ten (10) days' notice in writing of any cancellations or m terial
variation to the policy.
12. A person is not eligible to obtain or renew a Licence if the person is indebted o the
Town in respect of fines, penalties, judgments or any other amounts owing, incl~ding
awarding of legal costs and disbursements and outstanding Property taxes antl late
payment charges against all properties owned by the Owner.
I
SECTION 3:
SHORT-TERM
ACCOMODATION
-
BED
&
BREAK[ AST
ESTABLISHMENTS
1.
Where a Bed & Breakfast use is to be issued a Licence in accordance with th\s By-
law, in addition to the General and Specific Provisions, the following provision and
considerations shall apply prior to issuing the Licence:
a)
A Bed & Breakfast Establishment shall only be permitted in a principal
residence of an Owner and/or operator.
b)
A Bed & Breakfast Establishment shall not be established or operated in
an accessory Building.
c)
One (1) 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 the Zoning By-law.
d)
A Bed & Breakfast Establishment shall not detract from the general
character of the neighbourhood nor be a nuisance in terms of noise, traffic,
parking and visual character.
e)
A Bed & Breakfast Establishment, while being operated as a Bed and
Breakfast Establishment, must be occupied and operated by the principal
resident while guests occupy or have the right to occupy Guest Rooms.
f)
No cooking or Cooking Appliances shall be permitted in Licenced Guest
Rooms, except for a coffee maker, kettle or bottle warmer.
4
g)
A Bed and Breakfast Establishment shall post fire emergency procedures
in each room and have an approved fire safety plan for the Dwelling.
h)
A Bed & Breakfast Establishment post an emergency evacuation and Fire
Safety Plan in each room.
i)
Each Bed and Breakfast Establishment Licenced pursuant to the By-law
must provide proof to the Town at least every two (2) years that it complies
with the Fire Code and the Town's Property Standards By-law and are
required to pay the applicable inspection Fee(s), subject to current the Fee
and Charges By-law.
SECTION 4: SHORT-TERM ACCOMODATION-SPECIFIC PROVISIONS
1. The following provisions apply to all Short Term Accommodation:
a)
A Short Term Accommodation shall only be permitted in areas where it
is a permitted use as set out in the Town's Zoning By-law.
b)
Permitted Renter Occupancy shall be the sum of all Guest Rooms in
the Short Term Accommodation and have a maximum occupancy of
ten (10) persons per Dwelling, which includes the permanent occupants
at any one time.
c)
Occupancy of a Bed and Breakfast Establishment is dictated by Section
3 of this By-law.
d)
All Short Term Accommodation shall comply with the provisions of the
Ontario Building Code.
e)
All Short Term Accommodation must post fire emergency procedures
and have an approved fire safety plan for each Dwelling.
f)
A Licencee shall provide to the Town the name and contact information
of the Responsible Person who can be readily contacted and respond
to an emergency or contravention of any Town By-law, including
attendance on site of the Short Term Accommodation within one (1)
hour of being notified of the occurrence.
g)
The Licence does not permit a Short Term Accommodation to be used
for the hosting of events such as receptions or any other similar group
activity in contravention of the Town's Comprehensive Zoning By-law,
as amended.
h)
Each Short Term Accommodation shall provide proof that it complies
with the Fire Code and the Town's Property Standards By-law every
two (2) years for a Short Term Accommodation as a principal residence
or two (2) years for Short Term Accommodation as a whole home and
are required to pay the applicable inspection Fee(s), subject to the
current Fee and Charges By-law.
i)
The Licencee shall keep a record of the Renter with such record
containing the date of entry, the length of stay, home address of the
Renter and confirmation of receipt of the Renter's Code with such
record readily available for inspection at all time by a Municipal Law
Enforcement Officer for a period of one (1) year.
j)
Applications for Licence and issued Licences, along with the legal
description, civic address and associated Owner, Responsible Person
contact information will be posted on the Town's website.
SECTION 5: LICENCE APPLICATION AND ISSUANCE
1. An Application for a Licence for a Short Term Accommodation shall be sub itted
to the Town and shall include a clear and legible floor plan and Site Drawi g or
sketch showing:
a)
civic address and legal description of the Property;
b)
a photograph of the front of the Building;
c)
a floor plan with accurate dimensions showing an emergency
evacuation plan inclusive of each bedroom, sleeping area, smoke
alarm, CO alarm, fire extinguisher and existing egress door or window,
5
as well as an approved fire safety plan;
d)
the location of the Building on the Property with setbacks indicated from
all Property lines;
e)
the location and dimension of the Parking Area and the required p rking
spaces;
f)
the location of the driveway access to the required parking spaces;
g)
the location and dimensions of the outdoor amenity area(s); and,
h)
fencing, landscaping or other buffering if required.
2. The Application shall identify:
a)
the number of Guest Rooms;
b)
the maximum number of guests to be accommodated;
c)
the registered Owner and contact information;
d)
the Owner and if applicable, Agent (alternative) person and related
contact information; and
e)
the Licence number of any previous Short Term Accommodation Licenc
3. The Application information shall include proof satisfactory to the Town that:
a)
a copy of general liability insurance in an amount of no less than $2
million, unless a pool or hot tub is located on the premise, then general
liability insurance in an amount of no less than $5 million is required;
i.
Owner is responsible to maintain a valid insurance policy
and will be required to provide proof of insurance every
year that the policy is renewed, or if anything has
changed.
b)
an indemnity in favour of the Town from and against claims, demands,
losses, costs, damages, actions, suits, or proceedings that arise out of
or are attributable to, the STA's Owner, which shall be in a form
satisfactory to the Town;
c)
the subject Property is adequately insured against damage from fire
and confirmation that no restrictions are in place on the Applicant's
ability to use the Property for short-term accommodations during the
period of insurance coverage nor on the amount of times the Property
may be used for short-terms accommodations during such period; and,
d)
the Applicant's insurance is cancellable on no less than thirty (30) day prior
notice.
4. There shall be a maximum of one (1) Short Term Accommodation Licence i sued
per municipal address.
5. The Applicant shall submit a Responsible Person Consent Form (Schedule B) to
ensure that there is a Responsible Person who can be readily contacte
and
respond to an emergency or contravention of any Town By-law, including
attendance on site of the Short Term Accommodation within one (1) hour of being
notified of the occurrence.
I
6. The Applicant shall pay the required licencing Fee as per the Town's Fee and
Charges By- law.
7. The Applicant shall submit a copy of any advertisement of the Short
erm
Accommodation demonstrating its promotion to be in compliance wit
the
provisions of this By-law.
8. The Licencee shall keep a record of the Renter with such record containing the date
of entry, the length of stay, home address of the Renter and confirmation of rjceipt
of the Renter's Code of Conduct with such record readily available for inspection at
all time by a Municipal Law Enforcement Officer for a period of one (1) year.
9. A Licence for a Short Term Accommodation may not be renewed or exte ded
unless the Licencee has submitted a completed Application form and the appli able
6
Fee.
1 O. A Short Term Accommodation Licence that has been issued pursuant to t is By-
law shall expire upon the earliest of the following events:
a)
The date that is two years (2) after the date of the issuance of the
Licence; or
b)
Upon the sale or transfer of the Property to a person other than a
Licencee; and
c)
A Short Term Accommodation Licence cannot be assigned or
transferred from the Licencee to another party.
11. Any person applying for a Licence is responsible to coordinate with the To n and
to arrange for an inspection of the Property if required as a condition pre edent
prior to receiving a Licence to ensure compliance with the following:
a) The Provisions of this By-law;
b) The Ontario Fire Code;
c) The Ontario Building Code;
d) Niagara Region Public Health;
e) The Property Standards By-law; and
f)
The Zoning By-law.
12. The Licencee shall be responsible for informing the Town in writing of any ch nges
to the approved information contained within the Licence application o any
deviation to the approved plans within seven (7) days of such change or deviation.
Nothing herein allows a Licencee to rent rooms other than those identifie~ and
approved on the floor plans submitted with the Application for a Licence unle s the
Town has approved same.
13. Upon receipt of a completed Application and the payment of the licencing Fe , the
Licence issuer shall, in the case of both new and renewal applications revie
1 the
application and if in compliance with this By-law, will issue the Licence. The Li , ence
issuer may request comments from other departments or agencies and
ttach
conditions to the Licence.
14. Upon determination by the Licence issuer that information requirements a d all
regulatory and by-law requirements of the Town are met, a Licence shall be i sued
and expire on December 31 , of each calendar year and prorate costs, unle~s the
Licence is renewed or revoked in accordance with the provisions of this by-law.
15. Licences are not transferable and shall remain the Property of the Town.
SECTION 6: TERM OF LICENCE
A Licence issued pursuant to the provisions of this by-law shall expire two (2) years from
the date it was issued, unless it is revoked in accordance with the provisions of th s by-
law.
SECTION 7: LICENCE DENIAL, SUSPENSION OR REVOCATION
1. The Licence issuer may refuse to issue or revoke a Licence if one or more , f the
following circumstances are met:
a) if the information submitted on the application is incomplete, incorrect,
false or misleading; or
b) where all the required taxes, Fees, administrative monetary penalties or
municipal charges have not been paid; or
c) where a Licence has been previously revoked, suspended, made
subject to special condition(s) or has presented a history of
contravention with this or other Town by-laws; or
d) Where the Applicant is in breach of any provisions of the By-law or the
7
Short Term Accommodation does not comply with any provision of this
By-law any breach of the provisions of any other Town By-law or
regulations, or
e) refusal to comply with any previous notice of violation within seventy-tw (72)
hours.
2. Notwithstanding the above, if satisfied that the continuation of the Licence oses
an immediate threat to life or the health or safety of any person, the Licence i . suer
may, for the time and such conditions as are considered appropriate and without a
hearing, suspend a Licence for not more than fourteen (14) days, and, pr or to
suspending the Licence, shall provide the Licencee with the reasons fo the
suspension, either orally or in writing, with an opportunity to respond to them.
3. Where the Municipal Law Enforcement Officer has issued three (3) or
ore
monetary penalties within a six (6) month period, the Licence may be revok d by
the Licence Issuer.
SECTION 8:
INSPECTION
1. A pre-inspection of the premises prior to the provision of comments and prior~o the
consideration of the application is required. The applicant shall cooperat
and
facilitate in arranging the inspection of the premises in a timely manner and shall
be in attendance during the inspection. In the instance of the requirement of the
payment of Fees for such an inspection, the applicant shall pay the Fe1
1 s as
required prior to the inspection.
2. An officer may at any reasonable time inspect any premises or place whyre a
Licence has been issued under this By-law to determine compliance to this Bfl-law.
3. To obstruct or permit the obstruction of an inspection is deemed an offence.
4. Licence shall be issued once all necessary inspections have been undertake and
signed-off on.
SECTION 9: LICENCE FEES NON-REFUNDABLE AND PENAL TIES
1.
The Licence application Fee is non-refundable regardless of the ulti ate
disposition of the Licence application.
SECTION 10: ADMINISTRATION AND ENFORCEMENT
1.
2.
3.
4.
5.
6.
The Municipal Law Enforcement Officer shall be responsible for the enforcem nt of
this By- law.
I
Every person who contravenes any provision of this By-law is guilty of an AMf and
all contraventions of this By-law are designated as continuing offences pursuant to
Section 429 of the Municipal Act.
I
When in the opinion of the Municipal Law Enforcement Officer, a violation 9f this
By-law has occurred or exists, the Municipal Law Enforcement Officer may is~ue a
written compliance notice to the alleged violator. The notice shall specify ihose
sections of the By-law which are in violation. Failure to comply with the riotice
enables the Town, at its sole discretion, to correct the alleged violation, failing + hich
the Town may correct the alleged violation at the expense of the Owner I Licer,cee.
Service of any notice under this section shall be carried out by personal servi
1ce or
registered mail addressed to the Licencee at the address shown as the Licent:ee's
address on the Application.
~
Every person who contravenes any of the provisions of this By-law, including hose
contained in any of the Schedules and every Owner is guilty of an offence an may
be subject to an Administrative Penalty or as an offence and conviction liable to a
fine in keeping with the provisions of the Provincial Offences Act.
I
Pursuant to Section 447 of the Municipal Act, where an Owner is convictid of
knowingly carrying on or engaging in a Short Term Accommodation Busin ss in
respect of any Property or any part of any Property without a Licence requir . d by
this By-law, or a person is convicted of any other contravention of this By-la
and
the court determines that the Owner or occupant of the Property or part f the
Property in respect of which the conviction was made known or ought to have
8
known of the conduct which formed the subject-matter of the conviction or ,f any
pattern of similar conduct, the court may order that the Property or part f the
Property be closed to any use for a period not exceeding two (2) years.
SECTION 11: ADMINISTRATIVE PENALTY
1.
A Municipal Law Enforcement Officer who finds that a person has contravene any
provision of this By-law, may issue a notice addressed to that person, advisin that
person, that he or she has failed to comply with a provision to this by-law an that
he or she is subject to paying an administrative penalty as a consequence f that
non-compliance.
2.
Any person who is issued a penalty notice pursuant to Section 11 (1) abov shall
be liable to pay the Town the administrative penalty in the amount stipulated n the
Town's Administrative Penalty Process By-law 4221 (2020) as approved by Ca~uncil.
3.
Each person who contravenes any provision of this by-law shall upon issua ce of
a penalty notice in accordance with the Town Administrative Penalty Proce s By-
law 4221 (2020), be liable to pay to the Town an administrative penalty i
the
amount of $250.00 for each day on which each contravention or violation occ rs or
continues.
SECTION 12: APPEAL
1.
2.
An applicant, whose application has been refused, or a Licencee, whose Li , ence
has been revoked, and is not satisfied with the terms or conditions as to wht this
action was taken, may apply to appeal this decision with Town Council.
Every person who initiates an appeal of a decision shall submit a notice of aApeal;
a) within fourteen (14) days of a refusal or revocation; and
b) with the non-refundable required Appeal Fee as detailed in the
Town's Fees and Charges by-law; and
c) by registered mail to the Town or personally filing with the Town Cl . rk of
Deputy Town Clerk.
SECTION 13: APPEAL HEARING
1.
Council shall hear and render a decision on an appeal under Section 12 of th s By-
law in an expeditious manner.
2.
In considering an appeal, Council has the same powers as the municipal
icial
who may issue or revoke a Licence and may:
a) rescind the refusal or revocation action, or
b) confirm the refusal or revocation action, or
c) modify the action and create requirements of compliance.
3.
The decision of Council on the appeal is final.
SECTION 14: CONFLICT AND SEVERABILITY
1.
2.
If any portion of this By-law of the Town is found to be in conflict with any other
provision of any zoning, Building, fire, safety or other By-law of the Toi n or
regulations, the provision which establishes the higher standard shall prevail.
If any provision or requirement of this By-law or the application thereof to any
person shall to any extent be held to be invalid or unenforceable, Council int.ends
the remainder of this By-law or the application of such provision or requirem . nt to
all persons other than those to whom it is held to be invalid or unenforceable ,o not
be affected hereby and each provision and requirement of this By-law sh II be
separately valid and enforceable to the fullest extent permitted by by-law.
SECTION 15: EFFECTIVE DATE AND TRANSITION PROVISIONS
1.
This By-law shall come into full force and effect upon enactment of the By-I w at
which time all By-laws that are consistent with the provisions of this By-law a d the
same are hereby repealed insofar as it is necessary to give effect to the provi ions
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of this By-law.
2.
Zoning By-law Conformity:
a) A Property that is subject to a use that is not in conformity to the
permitted uses of the Comprehensive Zoning By-law, as amended, shall
not be issued a Licence.
b) 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 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 which shall include but not be limited to the
following information:
i.
That the Property was being used as a Short Term
Accommodation as of July 13, 2020;
ii.
The nature and extent of the Short Term Accommodation
use in July 2020 so as to determine if the use has changed
or intensified since this date; and
iii.
That the Property has not at any time since July 2020
stopped being used as a Short Term Accommodation.
3.
Short Term Accommodation legally existing on the date of passage of this l:ly-law
shall have a period ending October 31 , 2020 in which to obtain a Licence.
4.
References to associated By-laws shall be deemed to include any amendi g or
replacing by-laws subsequent thereto.
SECTION 16: SHORT TITLE
1. This By-law shall be known as the "Short Term Accommodation (STA) Licenci g By-
law".
Enacted, Signed and Sealed this
13th day of July, 2020
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Marvin--Junkin,l ayor
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