Short-Term Accommodations and Bed & Breakfast: Licensing and Application Framework
The Town of Lincoln has adopted By-law No. 2024-61 to license, regulate and inspect Short Term Accommodations (STA) and Bed & Breakfast Establishments (B&B). The purpose of the by-law is to protect the health and safety of residents and guests, minimize potential impacts to surrounding properties and neighbourhoods, and to protect the residential character and stability of residential areas within the Town.
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Thank you to everyone who joined our Public Information Session in June 2024 and two stakeholder roundtables in April 2024. A recommendation report will come forward at the Committee of the Whole meeting on September 16, 2024, incorporating this feedback. More information.
Review the revised Licensing By-law and revised Zoning By-law Amendment.
See the Project Update below.
Changes to the proposed Framework have been incorporated based on feedback from the public engagement opportunities in 2023 and 2024.
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Project Update
After feedback from the Open Houses held in March and July 2023, a Public Meeting in October 2023 and a Committee of the Whole Meeting in March 2024, where the application was deferred pending further consultation with the public and stakeholder, Town Staff held two Roundtable Meetings in April 2024 with residents, operators, and stakeholders and a Public Information Session in June.
Town Staff have applied the following high level changes to the Short-Term Accommodations: Licensing and Application Framework since the initial proposal in October 2023:
1. Removal of the requirement for a Parking Management Plan.
- Parking spaces are still required to be identified on the site plan.
2. Removal of the requirement for acknowledgement from the Niagara Region Private Septic System Inspectors for private sewage systems.
- Applicant must sign a declaration stating that the property contains a functioning private sewage system.
3. Revision to the requirements for Fire Safety.
- Applicant must provide a Fire Safety Protocol or Fire Safety Plan based on the proposed occupancy of the rental.
4. Removal of the requirement for an Electrical Safety Certificate
- Applicant must sign a declaration stating that the property meets the requirements in O. Reg. 164/99: Electrical Safety Code.
5. Removal of the 180-day rental restriction in the Urban Area.
6. Revision to the application fee:
- In October 2023 and March 2024, the application fee was proposed to be $700 for a two-year license.
- Staff are proposing the application fee for a one-year license be $550, with the option of a two-year license for $650.
- The license renewal fee is proposed at $150.
7. Revision to language within the Licensing By-law and Zoning By-law Amendment to remove a Bed and Breakfast Establishment from the definition of a Short Term Accommodation. However, Bed and Breakfast Establishments are still required to obtain a license.
8. Removal of the floor plan requirement as the guest rooms and occupancy limits can be identified on the Fire Safety Protocol/Plan.
Further updates:
- The Short-Term Accommodation By-law will apply to traditional accommodations such as Bed & Breakfast Establishments and On-Farm Diversified Uses
- New definition to Short-Term Accommodations: The use of a portion or all of a single detached, semi-detached or townhouse dwelling unit or an accessory structure to provide temporary accommodations to members of the travelling public for a maximum of 28 consecutive days per stay. Residential Short-Term Accommodations shall include bed and breakfast establishments and shall not include hotel/motel, boarding house dwelling or similar commercial or institutional use
- Rural Tourist Accommodations is a new definition proposed to recognize On-Farm Diversified Uses. Rural tourist accommodations are defined as “a building(s) that are classified as an On-Farm Diversified land use that are used for the purposes of supplying sleeping accommodation to the travelling public. Rural Tourist Accommodations shall not include hotel/motel, commercial vacation dwelling unit, bed and breakfast establishment, boarding house dwelling or similar commercial or institutional use"
- Commercial Vacation Dwelling Unit is a new definition, which is defined as "a “Dwelling Unit” above a business on a commercially zoned property that is rented for periods up to 28 consecutive days for use as temporary accommodation but is not occupied continuously as a principal residence. A “Commercial Vacation Dwelling Unit” shall not mean an “Apartment Dwelling”
- Added permissions to allow STA's to be located in accessory structures
For more information on the different types of Short-Term Accommodations, please view the chart below:
Why is the Town regulating short-term accommodations in Lincoln?
A Licensing and Application Framework allows for a balance of permitting private citizens to become part-time innkeepers, while providing a framework for this type of accommodation that recognizes impacts to the neighbours and the general community.
There are many acknowledged benefits to allowing STA’s within Lincoln. These include:
- Increased Tourism support through a wider range of accommodation options, of which Lincoln is currently experiencing a shortfall;
- Opportunity to attract more investment and increase visitation to our community;
- Increased revenue for local businesses and therefore the entire community, as overnight visitors spend more money in the community;
- Potential added revenue for the Town, minimizing burden on the taxpayer;
- The opportunity to add criteria as conditions of license to address potential nuisance impacts to neighbouring properties;
- Future implementation of a Municipal Accommodation Tax to support tourism marketing in Lincoln.
The Licensing Framework seeks to capitalize on the benefits, while minimizing some of the typical concerns about STAs, including:
- Excessive noise
- Land-use compatibility (especially in established low density residential neighbourhoods)
- In rural areas, septic system capacity relating to large gatherings
- Safety concerns
- Parking concerns
Background:
As per the Town of Lincoln’s Zoning By-law, Short-Term Accommodations are defined as “the commercial use of an entire dwelling unit, of the principal resident, that may be rented for a period up to 28 consecutive days for use as temporary accommodation and used as an occasional or seasonal resident dwelling or recreation, rest, and relaxation. A Short-Term Accommodation shall not include a hotel/motel, inn, boarding house dwelling, or similar commercial or institutional use. The principal resident shall not reside in the dwelling unit while the short-term accommodation is being rented.”
Revised Draft Licensing By-law:
Short Term Accommodations are permitted in residential areas as per the Town of Lincoln's Zoning By-law, provided that they are secondary to the primary use of the property. The licensing framework identified below is proposed to regulate the operations and serves to impose health and safety requirements, including restrictions and by-law compliance involving site inspections on Short-Term Accommodations.
The Zoning By-law also provides the following provisions that must be met in order to operate a Short-Term Accommodation:
- Be clearly secondary to the main residential use.
- Where required by the Town, be licensed pursuant to the Municipal Act, 2001.
- Not provide outside display, other than a legal sign which shall not exceed 0.3 square metres in area in the HR, R1, R2, and RM1 Zones, and which shall not exceed 0.6 square metres in area in all other Zone, indicating the same of the short term accommodation.
- That approval be obtained from the Regional Public Health Department and the Town’s Building and Fire Departments.
- Comply with the parking provisions of Section 4.
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