Ontario city approves new short-term rental rules

An updated short-term rental licensing bylaw has been approved by Port Colborne city councillors, establishing a number of rules for owners.

The growth of short-term accommodations “has created both opportunities and challenges” in the city, staff said in a report, adding concerns related to noise, parking, safety, property standards and neighbourhood compatibility have been raised.

The new regulatory framework passed by council Tuesday is in response to those concerns, and some of the biggest changes include adjusting the total number of allowable renters.

Two renters are permitted per licensed bedroom, to a maximum of 10 renters, the city said.

If five bedrooms are on site, a maximum of 10 renters are permitted (two per bedroom). Up to two additional renters under the age of 16 are permitted, and children aged two and younger are excluded from the total count, the city said in a news release on Wednesday.

One guest is permitted per licensed bedroom, to a maximum of five guests. Guests must leave the property before 11 p.m.

New licensing fee structure

A new licensing fee structure has also been adopted.

Trailers, mobile homes and park model homes within a “vacation residential zone” will be required to pay an initial fee of $800 plus HST, as well an annual renewal fee of $450.

All other dwelling units will have a fee of $1,000 to start and an additional $600 each year.

A number of fines have been set for violations of the bylaw, the highest being a $2,000 penalty for operating without a licence.

Sun Retreats Sherkston Shores will have to adhere to a slightly different set of rules, such as a limit related to the number of guests being set by the resort.

But under the “vacation residential” zoning, which applies to the popular and busy park on the far east side of Port Colborne, the city must be provided names of site owners operating as short-term rentals, as well as names of renters and guests, said the approved staff report.

Mayor Bill Steele called the new bylaw a “living, breathing document” that can be revisited if tweaks need to be made.

Ward 4 Coun. Ron Bodner thanked staff for fine details in the plan, saying it “covers a lot of ground.”

During  a discussion about after-hours enforcement, chief building official  Danny Rodgers acknowledged most complaints arise during that time.

A local contact person, who can be reached 24 hours a day, needs to be listed on the licence, staff said.

Bylaw officer hired

A new bylaw officer has been hired by the city to increase the ability to enforce the new rules, which led to questions from Ward 3 Coun. Gary Bruno about staffing costs.

Rodgers said these costs will be “somewhat offset” by fees collected through fines and licences.

Chief administrative officer Bryan Boles said bylaw officers, if they receive a complaint in the wee hours of the morning about a party, wouldn’t be attending in person.

While people with complaints can contact the city, Ward 1 Coun. Dave Elliott wanted to know who the first point of call should be.

Steele said this should be police.

Steele said the municipality has a “great relationship” with Niagara Regional Police, which he expects will continue, reiterating updates can be made along the way to the new framework.

“This is as right as we’re going to get it today,” he said.

All short-term rentals must be licensed with the city before operating or advertising, and licence numbers must be displayed and included in all listings and advertisements.

Owners must carry at least $2 million in liability insurance covering short-term rental use.

Accommodations must provide adequate on-site parking and store garbage in secure containers in approved areas, the new regulations state.

Owners are required to maintain a register of renters, guests and safety checks, available to the city upon request.

An online application goes live on Oct. 1.

The city’s former bed and breakfast bylaw will be repealed as a result of the new bylaw, and all establishments are now licensed under the new framework.