Concerns

The by-law does not distinguish between occasional cottage rentals and the growing number of hotel like Short Term Rental (STR) commercial businesses.

​

The by-law does not limit the number of licenses, number of days per year a property can be rented, in what zoning STR’s are permitted, if the owners are required to be present, or include any exemptions for someone who only rents their cottage two weeks per year. The STR by-law does not even require that the use of a property as a STR has to conform to the Zoning by-law (ZBL). 

​

These are requirements that are included in other STR licensing by-laws.  All other STR Licensing By-laws from Lake of Bays, Kawartha Lakes, Huntsville, Tiny Township, Fort Erie, Georgian Bay and Magnetawan require that the use as a STR must "conform" to applicable laws, including Zoning By-laws.  The original County draft STR By-law did require that the property must "conform", however, this word was subsequently changed to "comply" which can have a very different meaning. (see ZBL for "conform" vs "comply")

If the STR licensing By-law does not require a property to conform to a permitted use will this allow all existing STR’s, which currently may not be operating legally, to claim they are legal non-conforming uses and continue to operate indefinitely?  They could potentially have a monopoly, while nearby residential properties, subject to the constant nuisances, see a decrease in value. 

 

Short term Rentals are not listed as a Permitted Use in the Dysart Zoning by-law (ZBL)

 

Why would the Municipality license a USE that is not permitted? It appears with these By-laws that STR businesses can apply for a license for a use that is not permitted, nor does the use have to conform to the permitted uses listed in the ZBL’s. 

 

For example, in Dysart the use of a dwelling is a home or residence and NOT a vacation rental or a place of temporary accommodation.  Dysart defines "tourist establishments" as temporary accommodation for the travelling or vacationing public.  The use is currently only permitted in a commercial zone.  Permitted uses are listed in the Dysart Zoning By-law, (see ZBL, legal case & correspondence) 
 

There have not been any Official Plan and Zoning By-law Amendments, or public consultation to permit STR’s. 

​

There have been recent Official Plan and Zoning by-law amendments to permit Additional Dwelling Units and Saunas, and there are proposed OP and ZBL amendments required to permit structures in minimum water setbacks, also to allow shipping containers in the commercial and rural zones.

So, why are there no amendments to add STR’s, a use that is not even listed as a permitted use in the ZBL?
 

STR’s are defined in the Dysart STR licensing by-law as: Short-Term Rental (STR) means the accommodation or use all or part of a legally established Dwelling Unit, as well as use of any accessory building capable of human habitation in conjunction with but not independent or separately from the Dwelling or Waterfront Area Dwelling, that operates or offers a place of temporary residence, lodging or occupancy by way of concession, payment of a monetary fee, permit, lease, Licence or rental agreement or similar commercial transaction for a period of less than twenty-eight (28) consecutive nights throughout all or any part of a calendar year, but does not include a bed and breakfast establishment, tourist establishment, tourist camping establishment, motel, hotel, hospital, campground or similar commercial accommodation use or couch surfing. 

​

A Dwelling is a home or residence in the Dysart Zoning By-Law, not a place of temporary residence, lodging or occupancy.  Is the use of a dwelling being changed without an Official Plan, Zoning By-Law Amendment, and public consultation?

 

Defined Terms in the Dysart ZBL vs Defined Terms in the STR by-law

​

The STR licensing by-law includes many of the same defined terms that are already in the Dysart ZBL except the definitions have been changed.

For example:

​

• Guest Room, in the ZBL: is a room in a hotel, lodge, resort, or bed and breakfast establishment, which contains no kitchen or cooking facilities. These uses are listed as “Non-Residential Uses” in the ZBL.

​

• Guest Room, in the STR By-law is now a room in a Dwelling used for accommodation for STR.

​

• Dwelling has been changed from a home or residence in the ZBL to a residential building in the STR by-law.

​

These changes could have substantial impacts on land uses in the area and should require public consultation and amendments to the Official Plan and Zoning By-laws.

Are STR’s a Residential use or a Commercial use?

Many Municipalities identify STR's in their ZBL's as a commercial use.
(See Legal Cases and Correspondence)

 

Environmental Concerns

​

Many STR's are rented to multiple groups, often more than 10 people every week of the summer and available

year-round.  Hot tubs and laundry are often provided on site.  All sheets and towels may be provided and may be  laundered on site during cleaning and turnover.  The hot tub is constantly being emptied and refilled, potentially with every new group.  There appears to be no requirements for commercial septic systems.  Can a residential septic handle this heavy constant use?  This heavy use repeats every day all summer and a large part of the year and also brings additional boat traffic and stress on the lakes.  

 

The Dysart Official Plan also identifies the concern with over usage and states that "Additional dwelling units are not permitted in Waterfront Areas where most residential uses are intended to be of a seasonal nature and where increasing the number of dwellings units on a lot may impact the water quality of the lake."

​

Has there been any consideration of how hotel like STR's, with constant heavy use, may impact the water quality of the lake?

 

We have asked Dysart the following question several times:
“Does the use of a property, as a year-round short-term rental business, conform to the permitted use allowed under a WR4L zone in the Dysart Zoning By-law?" - There has been no clear answer.

What we Need to Do:
Stop the current flawed STR licensing By-law and have the Municipality complete the required OP and ZBL amendments, with public consultation, prior to implementing a STR Licensing by-law.  Follow the examples from other Municipalities.  

What do you think?  Should:

​

• the occasional rental be treated the same as STR businesses?

• year round hotel like STR businesses be allowed to operate in seasonal residential zones?

• ​a STR licensing by-law conform to the O.P. and ZBL?

• STR Licenses be issued for a use that is not permitted?

• property owners have the right to public consultation and transparency?

• the current zoning of residential properties be protected and not be changed to simply accommodate STR commercial businesses?

• you have the right to quiet peaceful enjoyment of your residential property without large transient groups of people, some sourced from the internet, coming and going next door?

• the character, stability and safety of residential neighbourhoods be protected?

• you be concerned that your property values will be negatively affected by a nearby STR business?

​

 

 If you are concerned, kindly contact:

 Good Neighbours Dysart (contact us) and speak up!

​

​