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Short Term Rentals

Short Term Rental regulations are ever evolving at all levels of government. Rossland began regulating short term rentals in 2016, staff and Council regularly review and update the regulations as required.

Where are we now?

The newest proposed regulations, under Zoning Amendment Bylaw No. 2828, can be reviewed here in the reports for first reading and second reading:

January 8, 2024 Report – Zoning Bylaw Amendment Bylaw 2828 – First Reading
February 5, 2024 Report – Zoning Bylaw Amendment Bylaw 2828 – Second Reading
April 2, 2024 Report – Zoning Bylaw Amendment Bylaw 2828 – Third Reading

The changes involve:

1. Remove the zoning amendment requirement and one per block cap.

2. Permit short term rentals in principal residence only in most residential zones

3. Do not permit short term rentals in secondary suites and detached secondary suites in most residential zones.

4. Keep Red , Downtown and other commercial as existing.

5. Clarifies short term rental and bed and breakfast definitions and applies those new definitions throughout the bylaw.

6. Provides general regulations for short term rentals such as type of dwelling, maximum number of guests, signage and principal residence requirements.

7. Removes existing short term rental zones from the bylaw.

8. Creates a new Bed and Breakfast zone for traditional Bed and Breakfast establishments.

9. Creates a new STR zone for existing non-principal residence homes and suites.

10. Establishes parking regulations for short term rentals.

How will this affect me?

Any property is now able to rent out guest rooms in their home for short term rental so long as: a suite is not present on the property, they can meet the parking requirements, and they meet the requirements and obtain a valid business license.

Timeline

2024: Council is considering new regulations for “Old Town” in Rossland where STRs would no longer be allowed in suites but there would be no caps/limits and anyone who is eligible for a business license could rent rooms in their houses.

2023: Staff presented options to Council to move forward with STR regulations.
May 2023 Report
June 2023 Report
November 2023 Report

2022: Council raised concerns about increasing number of STR re-zoning applications, the unfairness of the regulations and housing availability/affordability. A moratorium was imposed on re-zoning for STR use.
November 2022 Report

2016-2021: STRs are regulated in the City based on regulatory options proposed by the original committee.

2016: Council struck a committee to review the effects, impacts and issues related to unlicensed STRs in the City

FAQs

The old City Council temporarily stopped new short term rental zoning and licensing in January 2022 because Council heard from the community that having only one short term rental per block wasn’t fair. It was based on who applied first, which meant some property owners got better chances than others. Plus, it didn’t make sense for all parts of town.  Now, we’re working on changing the rules to address the concerns that were raised.

There are now two categories of Short Term Rental: commercial and residential.

Commercial short term rentals can occur in the Red Mountain area, parts of Redstone and the commercially zoned properties in the Downtown core.

Residential short term rental can generally occur in any single family home anywhere in Rossland provided it meets the zoning and business license requirements.

Residential Short Term Rentals:

  • Applies to most single family residentially zoned properties in Rossland
  • Must occur within the principal residence
  • Must only occur when the principal resident is present
  • May occur in the principal residence for up to 3 months a year when the principal resident is away
  • Cannot occur on a property with a secondary suite or detached secondary suite
  • Cannot occur in a duplex, triplex or multi-family building
  • Must meet parking requirements
  • Must meet requirements and obtain business licence

Commercial Short Term Rentals:

  • Can occur where there is no permanent residence present
  • Must provide 24/7 local contact
  • Must meet parking requirements
  • Must meet requirements and obtain business licence
  • Each Unit within property must hold a separate licence

The proposed new way of doing things is not as strict as before because you don’t need to change the zoning of your property to rent it out short-term. Basically, if someone lives in the residence on the property, you are allowed a short term rental in most single-family homes in Rossland, as long as you meet other zoning and business license rules. This opens up the opportunity for more properties to offer short-term rentals compared to the old rules.

A secondary suite is like a separate home within another home, with its own full kitchen, bedroom, and bathroom. The main residence and the secondary suite, along with any shared spaces, are considered one property and cannot be legally separated. A secondary suite is built following fire and safety rules, is inspected for residential use, and includes proper cooking facilities (not just a microwave or hotplate).

A detached secondary suite is like a standalone home, with its own kitchen, bedroom, and bathroom. It’s separate from the main dwelling but is located on the same property and cannot be legally separated.  Other common names for this type of home are: garden suite, laneway home, carriage house, or garage suite. This kind of secondary suite follows safety rules, has proper cooking facilities (not just a microwave or hotplate), and has been inspected by building officials to make sure it’s safe to live in.

The reason is that secondary suites/carriage homes are a separate home, not just a place for visitors. They’re an important type of housing that is needed for people that want to live in Rossland. To keep these options available and make sure the rules are followed, properties with secondary suites can’t be used for short-term rentals.

A principal resident is someone who lives in a home for most of the year (more than 240 days), and doesn’t live in more than one place. It doesn’t have to be the homeowner. Usually, this is confirmed by things like receiving the Homeowner Grant, or having the address used for bills, ID, or taxes.

Yes. To operate a Short Term Rental, whether residential or commercial, anywhere in Rossland you must retain a valid Business License and comply with the requirements in the Business Licensing Bylaw. This Business License number must be displayed in every advertisement for the short term rental.

Each residential property is limited to 3 sleeping units (maximum 6 guests) in residential zones. The property would also need to meet the minimum parking requirements for the number of sleeping units(1 per room plus 2 for the main home).

A Short Term Rental is defined as a stay of 30 days or less. If the term is longer than 30 days, the local Short Term Rental rules do not apply and this rental would be considered a residential tenancy or long term rental.

Starting in May 2024, the provincial government will make a change to the Local Government Act. This change means that the old rule of allowing existing short-term rentals to continue without meeting new bylaws will no longer apply.

The new proposed bylaw suggests creating a special zone for limited continued use of existing short-term rentals that don’t meet the new rules (referred to as ‘grandfathering’). So, if you currently have a business license for a short-term rental, you can keep operating until you sell the property. Once sold, the Council will initiate a rezoning for the property that aligns with the regulations for all properties in Rossland.

Short-term rentals are carefully monitored and enforced as needed. The City uses software and random checks to make sure people are following the rules. Usually, a warning is given first, and if an illegal short-term rental continues, fines of up to $500 per day may be imposed

Short term rentals in the Red Mountain area will fall under the commercial short term rental category in the bylaw. This means it does not need to be your principal residence, nor do you need to be present while it is rented. You will need to ensure you have a business license and comply with the regulations set out for commercial short term rentals in the bylaw.

In Redstone, it depends on your zoning. If you are zoned R-5 you are able to rent short term under the commercial short term rental category.

If you are zoned R-1 or R-4 you fall under the regulations for residential short term rentals.

You own and live in a single family home in Rossland and have a spare bedroom you want to rent on a short-term basis. You would just need to ensure you have 3 off-street parking spaces and apply for a business license. A building inspector will carry out an inspection for life/safety items prior to issuing a business license.

You own and live in a home with a suite in Rossland and want to rent it out as a short term rental. You will not be eligible to apply for a business license or operate a short term rental where there is a suite on the property.

You own and live in a single family home in Rossland and have two guest rooms in the basement. You would like to add a hot plate and coffee machine and rent out the basement as a short term rental. You may be eligible if you meet the other parking and business license requirements.

Yes, as long as you are the permanent resident in the dwelling unit. Please make sure you have your landlord’s permission.

No, you are not permitted to have a home based business or child care business with a short term rental.

Resources and Links

Original Committee Info – 2016

STR Toolkit

Generation Squeeze Report

McGill Report

Province of BCs legislation overview

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