Planning and Business Regulation Compliance for Bed and Breakfasts and Short Term Rentals (STRs) in Kaslo

Definitions

“Bed and Breakfast” means a home occupation carried on in a single-family dwelling owned and occupied by the operator which provides not more than 4 rooms accommodating up to 8 transient paying guests for sleeping purposes only where the room rate includes breakfast which is served on the premises.

“Short Term Rental Accommodations” are self-contained principal or secondary residential dwelling units, temporarily unoccupied and re-purposed by the owner, for the purpose of operating a commercially marketed transient accommodation business.

“Temporary” means a maximum of 180 days in a calendar year

What do these definitions mean for operators?

It means that to run these businesses as permitted uses in residential (R1) areas that you must live in the dwelling concerned for more than half the year – you are a resident of Kaslo of the property in question, not simply an owner of a second home or property in Kaslo.

Can I obtain a Business License if I am not an owner/ operator in a residential area that matches this definition?

No – the business operation is in non-compliance with zoning regulation and the Village cannot issue a Business License for you.

Do I have any options to bring my property into compliance?

Yes.  You could consider applying to have your property rezoned to C3-Neighbourhood Commercial.  This would present a public process opportunity for your neighbourhood to comment on an application for a residential dwelling on their street being converted to a potentially full time commercial transient accommodation purpose.

You could also consider long term leasing as an alternate use of a second property that does conform to R-1 zoning.  Holders of long term leases cannot operate an STR themselves or on behalf of the owner in an R1 property.

The 2018 amendments to bylaw 1130 (Land Use) made STRs a permitted use (under certain conditions) in the R-1 zone for the first time.  The goal was to help facilitate STRs operated as home-based businesses by residents from their residence.  Commercial zoning is required for other types of STR where the owner does not live on the premises and is essentially operating a tourist cabin/ transient accommodation business out of a residential dwelling.

In fairness to appropriately zoned and assessed tourist commercial businesses, the Village encourages owner/operators to comply with land use and business regulation bylaws.