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91大黄鸭 council passes short-term rental bylaw in 4-3 vote

Existing 498 licenses will be allowed to operate when provincial changes begin on May 1
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91大黄鸭 Mayor Tom Dyas says council has also asked staff to put together a list of properties that may be exempt from the new legislation affecting short-term rentals in 91大黄鸭. (File photo)

91大黄鸭 property owners with a short-term rental business licence will be allowed to keep operating when new provincial rules take effect on May 1, 2024.

That was the result of a 4-3 vote at city council鈥檚 regular meeting on Monday (Jan. 15).

鈥淭he existing licences that are in place, which is 498 of them, we will allow those to exist at this point,鈥 said Mayor Tom Dyas.

The close vote was the result of tough debate amongst council.

鈥淚 hear regularly from the public how frustrated they are that we can鈥檛 bring the bad players under control and we don鈥檛 seem to have the tools in our toolbox,鈥 said Coun. Luke Stack. 鈥淚 think that鈥檚 why the province has jumped in and said if you guys can鈥檛 fix it at the municipal level we鈥檒l take a crack at it because we have a bigger toolbox.鈥

Provincial legislation defines short-term rentals as any accommodation provided to the public for less than 90 consecutive days and restricts them to a homeowner鈥檚 principal residence.

91大黄鸭鈥檚 bylaw is more restrictive, less than 30 days, banning short-term rentals as a principal or secondary land use in mixed-use and residential zones with few exceptions.

READ MORE: B.C.鈥檚 new short-term rental regulations approved after colourful debate

Staff recommended that 498 currently licenced secondary use short-term rentals be allowed to continue operating in 91大黄鸭, even after May 1, with a 鈥榣egally non-conforming鈥 status, provided they meet provincial principal residence requirements.

鈥淎re we putting more people on our streets, out of their homes and back into the rental market if we go more restrictive than the province has?鈥 asked Coun. Gord Lovegrove.

Coun. Rick Webber said council must balance what is best for the community as a whole.

鈥淚n listening to the discussion today the argument seems to be will this get more people into homes or will it force a lot of people out of their homes. That鈥檚 a hell of a question to answer, and there is no obvious answer.鈥

A four-and-a-half-hour public hearing on the matter in November 2023 saw about 200 people pack council chambers. Staff estimate there are approximately 1,200 short-term rentals operating without a licence in 91大黄鸭.

READ MORE: 91大黄鸭 residents 鈥榟eard loud and clear鈥 at public hearing on short-term rentals

Coun. Ron Cannan said he believed the province鈥檚 approach is more balanced.

鈥淏etween protecting people鈥檚 property rights while respecting the rights I believe of the residents in the community.鈥

Council has also asked staff to put together a list of properties that may be exempt from the new legislation.

鈥淲e can imagine that there is a good number of them that would be along the waterfronts and that were built with the purpose of short-term rentals,鈥 Mayor Dyas added. 鈥淎nd whether they (provincial government) would consider giving an exemption to this area to help with our tourism demands that we have, not only in 91大黄鸭 but in the Okanagan.鈥

Dyas, along with councillors Webber, Stack and Mohini Singh voted in favour of moving ahead with changes to short-term rentals in 91大黄鸭, while councillors Lovegrove, Cannan and Charlie Hodge voted against.

Councillors Loyal Wooldridge and Maxine DeHart recused themselves from the discussion and vote citing conflicts of interest.

Wooldridge holds a short-term rental licence, and DeHart is employed by Ramada Hotels and owns two units on Sunset Drive.

READ MORE: Short-term rental rules may not affect Okanagan regional district



Gary Barnes

About the Author: Gary Barnes

Journalist and broadcaster for three decades.
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