Owners of Blue Mountain real estate, especially investment condos and chalets, will be interested in following the story in the Town of the Blue Mountains regarding the Ontario Municipal Board Hearing about Short Term Accommodation Uses.
At the heart of the issue are the proposed further regulations, in the Blue Mountains, which restrict short-term rentals. According to the Issues List section of the OMB Decision , the hearing will deal with such questions as: if the proposed regulation is outside of the Town’s authority to regulate land use; whether there is adequate analysis and information to prohibit short term rental accommodation; did the “Land Use Study” demonstrate that this control was necessary; are there any adverse planning impacts due to short term rental accommodation restriction; is the proposed regulation consistent with the Provincial Policy Statement (2005); does the proposed regulation conform with the official plan and strategic plan; and, are the provisions prohibiting short term accommodation contrary to the Canadian Charter of Right and Freedoms (S.15) by discriminating on the basis of income?
The Town of the Blue Mountains is going to request that the Ontario Municipal Board (OMB) make some changes to the related planning documents that have been appealed. For example, here is an excerpt from one of the proposed zoning by-law amendments:
SECTION 5: GENERAL PROVISIONS of By-law 83-40, as amended, is hereby amended by adding the following new Section: Section 5.24 Short Term Accommodation Use.
Section 5.24 Short Term Accommodation Use Section 5.24.1 (a) No person shall use any land or erect, alter or use any building or structure for the purpose of a Short Term Accommodation Use within any Residential First Density (R1), Residential Second Density (R2), Residential Third Density (R3) or Residential Fourth Density (R4) Zone or exceptions thereto.
Section 5.24.1 (b) No person shall use any land or erect, alter or use any building or structure that secures nine (9) or more occupants, in five (5) or more guest rooms, for the purpose of Short Term Accommodation Use.
Section 5.24.1 (c) No Short Term Accommodation Use shall be located closer that within 120 metres in a continuous path over the shortest distance from another Short Term Accommodation Use.
Section 5.24.1 (d) Short Term Accommodation Uses shall be subject to site plan control.
According to their website, full documentation including the Parties’ Witness Statements and Participants Statements can be viewed at the Town of The Blue Mountains Municipal Office, Clerks Department, 26 Bridge Street, Thornbury during their regular office hours.
The Ontario Municipal Board hearing will be held August 23rd, 2010 and 10 days has been set aside to hear the case. The hearing is open to the public, and will be held at Marsh Street Community Centre, 187 Marsh Street, Clarksburg, Ontario (in The Blue Mountains).
Dec 21, 2010 UPDATE: According to the Town’s website, the hearing is now complete and updates on decisions shall be posted when available.
Marg Scheben-Edey is a Broker with RE/MAX four seasons realty limited, Brokerage in beautiful Collingwood, ON. With three decades of experience, Marg is a leader in the local real estate marketplace and is ready to help guide both Buyers and Sellers in achieving their real estate goals. Email Marg