An Eagle Bay resident questioned how the regional district will enforce the conditions of proposed temporary-use permits allowing short-term rentals, including those already operating without permission in electoral areas C and G.
On Tuesday, July 30, the Columbia Shuswap Regional District (CSRD) is hosting a public hearing on an amendment to Electoral Area C OCP (which also applies to Area G), that would bring in new policies supporting the issuance of temporary use permits (TUP).
The CSRD board gave the amendment first and second reading at its meeting on June 20. A staff report to the board referred to TUPs as a practical mechanism to consider for temporary land uses not permitted by zoning.
"TUPs will provide an option to approve the temporary use of short-term rentals," reads the report, adding almost all short-term rentals operating where the South Shuswap or Kault Hill zoning bylaws apply "are not permitted."
If approved, TUPs are good for a three-year period and may be renewed only once at the board's discretion.
Staff anticipate an influx of applications from the owners of these short-term rentals, seeking CSRD land approval prior to the launch of B.C.'s short-term registry in 2025. All short-term rental hosts and platforms will be required to register.
Staff noted the ability to issue TUPs allows for flexibility in the zoning but with conditions "aimed at addressing potential negative impacts on the community, the neighbourhood or the environment. Conditions tied to the proposed amendment include:
• The use shall not be noxious or emit pollutants that are detrimental to the environment, neighbouring properties for the community as a whole;
• The use shall not create noise, vibrations, or light pollution which disrupts the peaceful enjoyment of the surrounding neighbourhood;
• The use shall be serviced with necessary water, sewage disposal, solid waste disposal, and recycling facilities;
• Appropriate parking and loading spaces shall be provided; and,
• The proposed hours, size and scale of the use will be compatible with adjacent land uses.
Furthermore, for TUP applications for short-term rental, applicants may be required to do the following: demonstrate the proposed use will not alter the general character of the neighbourhood; provide a buffer (screening, fencing or vegetation) between subject and adjacent properties; show proof of adequate servicing (water/sewer) for the proposed use at maximum capacity for the duration of the permit (may require inspection by registered professional); designate a local caretaker to be available at times property owner is not available or does not reside in the area (contact information should be provided to the CSRD and neighbours); demonstrate adequate parking; limit the number of bedrooms and number of guests per room; provide adequate proof of insurance and liability insurance and provide "additional information to meet additional requirements deemed necessary for the safe and unobtrusive use of the site."
With short-term rentals operating on both sides of her Eagle Bay property, Lorrie Kelsey questioned if the CSRD would enforce these conditions, for in her experience, enforcement is lacking now when land use is not permitted. She said she's issued complaints with the regional district about one rental being used by groups of up to 20 people, including a group of 12 there to celebrate a birthday.
"They had friends come over every day and they were there for five or six days and they partied from nine in the morning to four in the morning," said Kelsey. "It never quit. They were drunk out on the lake swimming keeping us and other neighbours up at night."
Kelsey's concerns aren't limited to noise. She questions how a single-family residence on septic can physically sustain such frequent crowds.
Kelsey said she raised her concerns with the owner of one of the rental properties as well as the CSRD. Kelsey said she was told by CSRD staff the neighbouring rentals were not compliant with current zoning and that she could file a complaint. Kelsey did this and said she was later told the CSRD wouldn't take action without additional complaints.
"(They) said if it's really noisy you can call the police," said Kelsey. "So this is our recourse: it’s not legal, it’s not allowed, but they’re all doing it."
In a Monday, July 29 email, the CSRD said a bylaw enforcement process has been initiated in response to the above complaints.
According to the CSRD's Bylaw Enforcement Policy A-69, complaints related to short-term rentals typically require the receipt of two unique written complaints before the concern is investigated. Investigation of these Class 2 violations (those that do not pose an immediate hazard to persons or property and typically do not involve significant environmental impacts) are ranked in the order they're received and investigated subject to staffing, other priorities, and budgetary resources.
The CSRD confirmed it receives a "limited number of complaints related to short-term rentals. In 2023, only four out of 200 complaints were in regard to short-term rentals, all of them from Electoral Area F.
Kelsey, however, questions what difference the conditions of the TUP will make if the CSRD is already limited by "staffing, other priorities and budgetary resources."
"That's our frustration," said Kelsey.
The public hearing on the proposed OCP amendment is planned for Tuesday, July 30, at 6 p.m. in Salmon Arm at the Prestige Harbourfront Resort. For more information, visit csrd.bc.ca.
