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The Local Planning Appeal Tribunal (LPAT) has set a Case
Management Conference, at City Hall, on Thursday, July 25, 2019, beginning at
10 a.m.
The Case Management Conference is open to the public, and
may include settlement conferences, motions or preliminary hearing matters.
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The City continues to take an active approach to respond to
complaints about the operation of illegal Vacation Rental Units or Bed &
Breakfast facilities. This includes investigation, sending notice to cease and
where necessary, legal charges.
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The City has received a total of three (3) appeals of the adoption of Official Plan Amendment No. 127, and the passage of Zoning By-law Amendment Nos. 2018-91 (Bed and Breakfasts) and 2018-92 (Vacation Rental Units) to the Local Planning Appeal Tribunal (LPAT).
The processing of these appeals will be handled by the LPAT. For further information on the LPAT process, please refer to this guide.
The progress of the appeals can be followed on this page by selecting “Niagara Falls”. Please note that it may take a little while for this page to be updated with the current appeal.
Please also note that with the appeal of these documents, current zoning regulations remain in effect at this time. These regulations prohibit Vacation Rental Units save and except for a few properties site specifically zoned for Vacation Rental Units and Cottage Rental Dwellings, and permit Bed and Breakfasts (Tourist Homes) only in certain areas such as lands zoned Tourist Commercial, the River Road residential neighbourhood (from north of Rainbow Bridge to Morrison Street east of Palmer Avenue) and a few properties site specifically zoned for this purpose. Please contact Planning and Development Services to assist in locating these areas.
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In accordance with Council’s direction of April 10, 2018, Council adopted new policies for Bed and Breakfasts and Vacation Rental Units (Official Plan Amendment No. 127) and passed Zoning By-laws to establish regulations for these uses. In accordance with the Planning Act, these documents are in an appeal period and not in effect. For more information on who may appeal these documents and how they may be appealed please see the following Notice.
A copy of Official Plan Amendment No. 127 may be viewed here.
A copy of By-law No. 2018-91 (Bed and Breakfast Zoning Regulations) may be viewed here.
A copy of By-law No. 2018-92 (Vacation Rental Unit Regulations) may be viewed here.
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Following extensive consultation with the public, staff formulated an approach to regulate Vacation Rental Units and Bed & Breakfasts in the City that was presented to Council on Tuesday, April 10, 2018.
After hearing from community members at the public meeting, Council passed the following motion:
- That the staff report be approved with staff to report back with more information on the associated fees, a phased in period, owner versus live-in manager and enforcement.
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Thank you to everyone who attended the second public engagement session on Wednesday, March 7, 2018 at the Gale Centre. The presentation can now be viewed online. Staff are gathering feedback from the public and will report back to Council next month.
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The City is holding a second Public Engagement Session to present results from the first public engagement session and options to regulate vacation rental units and bed and breakfasts. The City wants to hear about your opinions on these options prior to proceeding with changes to the City’s Official Plan, Zoning By-laws and Licensing By-law (No. 2001-031). The options are as follows:
- Permit either vacation rental units or bed and breakfasts, or both as of right, in the zoning by-law(s) subject to regulating their size.
- Permit either vacation rental units or bed and breakfasts, or both on a site by site basis only through a zoning by-law amendment initiated by the applicant.
- Permit the rental of only the proprietor’s principal residence or a secondary dwelling unit as a vacation rental unit only for a specified period of each year (similar to regulations implemented by the City of Toronto).
- Permit either vacation rental dwellings or bed and breakfasts, or both only in
specific areas such as tourist areas.
Note: The City may further modify these options, adopt one or more of these options or establish separate regulations for vacation rental units and bed and breakfasts. Regardless of the options that may be adopted, these uses will be subject to regulation by the City’s Licensing By-law (2001-031)
A Public Engagement Session has been arranged for:
Wednesday, March 7, 2018, 6:00 PM at the Gale Centre (Memorial Room)
A representative from the Planning and Development Division will be in attendance at the Session to present background on these uses, answer questions and receive input from the stakeholders and public present.
