Municipal staff is in the process of legalizing and regulating short-term rental accommodations in the Town of Huntsville, but public input will be sought before anything is finalized.
The way the bylaw is currently drafted, only a single detached dwelling would be able to be licensed as short-term rental accommodation. That means a separate apartment in a home, or rooms in a home, would not qualify.
“The way we’ve proposed to move forward with short-term rentals is that they wouldn’t be permitted in an apartment in a house, and that is two-fold: one, we want to make sure that our existing rental stock is available for people that need to live here because that’s a huge issue as everybody knows,” said director of planning Kirstin Maxwell. She also said that from the perspective of the building code and fire regulations, “if you’ve got two separate uses like that in one building, there are a lot more implications, so we’re trying to simplify the process, make it streamlined, and easy for everyone.”
Maxwell explained that if rooms are being rented in a home on a short-term basis then depending on the zoning bylaw, if the use is permitted, it would be considered a “true” bed and breakfast.
The draft bylaw would also require that the rental have one parking space available per bedroom in the dwelling.
Different licensing fees would also apply depending on whether the house being rented on a short-term basis is a primary or secondary dwelling, explained Maxwell. If it’s a secondary dwelling or not a primary year-round home, a higher licensing fee would apply. Maxwell said proof would be required as part of the licensing application.
“That’s something that we’re going to have public consultations on as well, to see what people think about this process and how we would be able to address it,” she added. “It’s more recognizing that if you’re not living in the community year-round, that we want to make sure that you’re going to be a responsible landlord and make sure that you’re going to meet all of the requirements of the licensing bylaw,” she said, referring to landlords taking responsibility for the behaviour of guests.
Economic development coordinator Scott Ovell and policy and project coordinator Katie Love, were before Huntsville’s planning committee on September 19, 2019, to lay out the process.
Ovell said the first step will involve the creation of an amendment to the zoning bylaw in order to allow the use. “From there we would create a draft licensing bylaw, which would identify and help us deal with some of the issues we’ve seen crop up, particularly over the last 18 months,” added Ovell, referring to issues like noise, garbage removal and parking. “And that would provide us with the ability to impose penalties or fines if people are in contravention of the bylaw.”
According to Ovell, staff would also create an application form that will outline the process that people will have to go through in order to obtain a licence to operate a short-term rental accommodation within the town. “That’s going to help us also create a registry for people that are operating within the community and hopefully help us deal with issues that do pop up.”
The process will also involve identifying and working with third-party operators such as Airbnb to include them in the municipal accommodation tax.
Ovell said the intent behind the public consultations will be to gather input from all stakeholders and amend the draft bylaw as required. Staff is expected to return to the Town’s planning committee in November with the outcome of the consultations.
You can find the staff’s full report here.
Related story: Short-term rentals like Airbnb in limbo, for now
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Carolyn Long, please note that we are dealing with people ignoring their fellow citizens and their rights in making important decisions.Remember the Pipe Man affair.The longest saga in the Modern History of Huntsville.It ended in December 2017.Huntsville Mayor Scott Aitchison says he was sad to see this day arrive…also issued a public apology to Nyquist (the donors of this unlucky project). He says he made a lot of mistakes in how the project was rolled out, and how it was ended.He didn’t apologize to the people of Huntsville as if they were guilty of what happened.
It’s now the end of September and nothing on the ‘when’ and ‘where’ of the public consultations. Is this going to be rushed through? A last minute exercise, with the outcome already established by the town? Residents have a right to have their voices heard, and thoughtful consideration given.
I would like to know what the Town of Huntsville considers an apartment? I have a guest suite in my home, one bedroom and family room, no stove but a fridge and microwave that I rent out on Airbnb to supplement my income as a senior on a fixed income. This allows me to keep my house. My laundry room is also on that level so I cannot rent this out to a full-time tenant and do not wish to be forced to do so. I will continue with its current use until such time as I deem it not advisable.
Mr. Paul Whillans affordability is a problem across Canada. No one can blame the homeowners for this very unfortunate situation..With reference to this project under preparation, I would like to point out that there are a lot of inaccuracies and absurdities in it. In order not to be accused of throwing words at the wind, I quote the words of Mrs Kirstin Maxwell:*Different licensing fees would also apply depending on whether the house being rented on a short-term basis is a primary or secondary dwelling, explained Maxwell. If it’s a secondary dwelling or not a primary year-round home, a higher licensing fee would apply( a higher licensing fee would apply ””). Maxwell said proof would be required as part of the licensing application*..End of quote . Not a single word about providing more accessible housing for the poor because that’s not what this is about, Mr. Paul Whillans.The Town of Huntsville is desperately looking for money to cover its fast-growing expenses.Governors have big plans and little money.Where to get the money?. Answer: From those who have them.
Well said, Mr. Whilliams. I was at the Barrie Bus station yesterday waiting to pick a friend coming from Toronto. I struck up a conversation with someone waiting for the same bus – who was from Bala – and in the process of that conversation this person said to me…. “Oh you’re from Huntsville, I would love to move there, I have some relatives there, but from what I hear there is absolutely no way I can afford any kind of accommodation there.
700 units you say?
Exactly what I was going to say, Paul; although with B & B’s exempt. Part of Muskoka’s charm (and certainly tourism) is owing to the friendliness (and amazing breakfasts) one encounters in these establishments.
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Airbnb’s have destroyed the Toronto rental market. Young people, working at, or near, the minimum wage, simply can’t afford $1200/month for a small, damp basement apartment.
Mr Frankiewicz
I imagine when you (and other Airbnb and Vrbo rentees) bought or got a permit to build your “property” it was as a “Residential” building. That is the protected right. Now you want to engage in a commercial enterprise on that property. That is not in anyway protected.
Indeed I see absolutely no value to Huntsville in having over 700 units ( as was the case in early August) on short term rental. This is taking 700 units from the long term rental markets.
I see no reason to even allow any short term rentals in Muskoka at all….until the housing affordability issue is settled. As we all know affordability is a product of supply and demand. Even if half of those 700 units moved to long term rental, it would go a long way to making housing affordable again
What does the constitution say about that?.A few constitutional sentences on the subject.
*First of all, there is the historical precedent. Property rights have played a central role in the evolution of Canadian society and indeed are an essential part of British parliamentary democracy. These rights can be traced back to the year 1215, when the Magna Carta was signed. The right to own property was also included in the English Bill of Rights in 1689. In 1948, Canada signed the United Nations Universal Declaration of Human Rights, Article 17 of which reads:
Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property.
Ango-Canadian jurisprudence has traditionally recognized, as a fundamental freedom, the right of the individual to the enjoyment of property and the right not to be deprived thereof, of any interest therein, save by due process of law.
Section 26 of the Charter stipulates that:
The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights and freedoms that exist in Canada.
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
…..and in the end…
By virtue of this section, a person who felt that his or her property rights had been infringed by legislation would have to establish a *prima facie* case; once this had been established, the onus would shift to the enacting body to demonstrate that the legislation was a reasonable limit upon rights and freedoms, and was justified in a free and democratic society.
I’m not a lawyer.I am a citizen who loves this country and respects its rights.Seeing such an arrogance of the administration, I cannot pretend that it is not important.The proposed legislation is a coup d’état and a ruthless attack on our constitutional rights and property rights.