Notice of Application and Public Meeting Zoning By-law Amendment and New Licensing By-law to Regulat

Monday, August 29, 2022

Date:   September 19, 2022 
City of Sault Ste. Marie
Civic Centre, Council Chambers              
Time:  5:30 PM 99 Foster Drive                                       
 
 
PURPOSE
The Applicant, The Corporation of the City of Sault Ste. Marie is proposing to amend the Zoning By-law to regulate Short Term Rentals (STRs) often referred to as ‘Airbnbs’.  Furthermore, pursuant to Sections 8-11 inclusive and Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the City proposes to pass a new Licensing By-law to require Short Term Rental Operators to hold a valid business license from the City of Sault Ste. Marie and to establish licencing guidelines and fees.
 
PROPOSED CHANGES
A. Proposed Amendments to Zoning By-law 2005-150
1. That STRs be defined as any accommodation that is available for up to 28 days.

2. That STRs be permitted in all zones that permit a residential dwelling, more specifically:
a. Rural Area Zone (RA)
b. Rural Aggregate Extraction Zone (REX)
c. Estate Residential Zone (R1)
d. Single Detached Residential Zone (R2)
e. Low Density Residential Zone (R3)
f. Medium Density Residential Zone (R4)
g. High Density Residential Zone (R5)
h. Traditional Commercial Zone (C1)
i. Central Commercial Zone (C2)
j. Commercial Transitional Zone (CT2)
k. Riverfront Zone (C3)
l. General Commercial Zone (C4)
 
3.  That only one self-contained STR is permitted per lot except where:
           a. The property is within a commercial zone that permits dwelling units, more   
               specifically, the following commercial zones:
i. Traditional Commercial Zone (C1)
ii. Central Commercial Zone (C2)
iii. Commercial Transitional Zone (CT2)
iv. Riverfront Zone (C3)
v. General Commercial Zone (C4)
          b. One of the units on the property is owner occupied.
          c. Where multiple units exist on one property, written approval of the landlord is 
              required.
          d. Where multiple units exist within a condominium complex, written approval from  
              the Condominium Corporation is required.
4. That recreational Vehicles (RVs) and tents cannot be utilized as STRs.
 
5. That STRs hold a valid license from the City.  Hotels and Bed and Breakfasts are excluded from this requirement.
 
The proposed Zoning By-law amendments are textual in nature and apply to various zones and properties throughout the community. 
 
HAVE YOUR SAY
Input on the proposed Zoning By-Law amendment is welcome and encouraged. You can provide input by making a written submission or by making a public presentation.
TAKE NOTICE THAT the Council of The Corporation of the City of Sault Ste. Marie will hold a Public Meeting on Monday, September 19, 2022 at 5:30 p.m. to consider a proposed amendment to Zoning By-Law No. 2005-150 under Section 34 of The Planning Act, Chap. P.13, R.S.O.1990, as amended.  This meeting will be broadcast by Shaw Cable and may be viewed on Shaw Cable’s Community Channel, Sootoday.com and on the City’s YouTube Channel https://www.youtube.com/saultstemarieca.
 
Any person wishing to present at the public meeting may do so in person or electronically.  Electronic participants must contact the City Clerk at cityclerk@cityssm.on.ca or 705-759-5388 to register as a presenter. Any written submissions received in advance of the meeting will be included with Council’s Agenda.  Registered presenters will be provided with instructions as to how to join the meeting in advance.
 
MORE INFORMATION
The application may be reviewed upon request.  The report of the Planning Division will be available on Friday, September 16, 2022 as part of City Council’s Agenda. Please contact Peter Tonazzo at 705.759.2780 or p.tonazzo@cityssm.on.ca to request a digital copy. Please refer to the application file number.
 
WRITTEN SUBMISSION
To provide input in writing, or request notice if the proposed application is approved, please submit a letter to Peter Tonazzo, 99 Foster Drive, Sault Ste. Marie, ON P6A 5X6, or e-mail to p.tonazzo@cityssm.on.ca with your name, address and application file number on or before Monday, September 19, 2022.
 
With regards to the proposed Zoning Amendment, if you wish to be notified of the Council of the City of Sault Ste. Marie decision to adopt or refuse the approval of an application, you must make a written request to the Planning Division at the address noted above.
 
LEGAL NOTICE CONCERNING YOUR RIGHT TO APPEAL
With regards to the proposed Zoning Amendment, if a person or public body does not make oral submission at a public meeting or make written submission to the City of Sault Ste. Marie before the By-law is passed, the person or public body may not be entitled to appeal the decision of the Council of the City of Sault Ste. Marie to the Local Planning Appeal Tribunal.
 
With regards to the proposed Zoning Amendment, if a person or public body does not make oral submissions at a public meeting, or make written submissions to the City of Sault Ste. Marie before the By-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party. 
 
B. Proposed Licensing By-law and Requirements

1. Applicants will be required to fill out the application form and pay applicable fees.

2. Licenses will be valid for up to 3 years, upon which, renewals will be required.

3. Licenses are not transferrable. 

4. The Applicant will be responsible for obtaining written approvals from the following City Departments:
a. Building Division – Will conduct a file review and if required, an on-site inspection to ensure applicable Zoning, Property Standards and Ontario Building Code compliance.
b. Fire Services – Will conduct an on-site inspection to ensure applicable Ontario Fire Code compliance.
c. Finance Division – To confirm that Municipal Accommodation Tax (MAT) return form(s) have been completed.

5. The following licensing guidelines aim to provide additional resources to guests and neighbours so that potential problems can be avoided, and if problems arise, they can be addressed:

a. Hosts should clearly post a set of ‘house rules’ for guests, including but not limited to:

i. Clear communication of property boundaries and what amenities are available to guests and what amenities are not.
ii. Reference to pertinent information in local By-laws, such as the Noise By-law and Animal Care and Control By-law.
iii. General information related to being a good neighbour, as per the City’s ‘Be a Good Neighbour Guide’.
iv. Rules around refuse disposal.

b. Hosts should also provide their contact information, as well as information to contact the STR platform (ie. Airbnb) to immediate neighbours, so that in the event of an issue, neighbours can contact the host and/or the STR platform.

6. Failure to adhere to the aforementioned requirements may result in the refusal or revocation of a STR license.

7. The proposed licensing fees, subject to annual updates to the User Fee By-law are as follows:

a. $50 – licensing fee, payable to Clerks Department.
b. $59.68-$123.79 – Building Division file review and/or on-site inspection fee, payable to the Building Division.
c. $133.91 – Fire Services file review and on-site inspection fee
 
HAVE YOUR SAY
Input on the proposed new Licencing By-law is welcome and encouraged.  You can provide input by making a written submission or by making a public presentation.
 
TAKE NOTICE THAT the Council of The Corporation of the City of Sault Ste. Marie will hold a Public Meeting on Monday, September 19, 2022 at 5:30 p.m. to consider a new Licencing By-law pursuant to Sections 8-11 inclusive and Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.  This meeting will be broadcast by Shaw Cable and may be viewed on Shaw Cable’s Community Channel, Sootoday.com and on the City’s YouTube Channel https://www.youtube.com/saultstemarieca.
 
Any person wishing to present at the public meeting may do so in person or electronically.  Electronic participants must contact the City Clerk at cityclerk@cityssm.on.ca or 705-759-5388 to register as a presenter. Any written submissions received in advance of the meeting will be included with Council’s Agenda.  Registered presenters will be provided with instructions as to how to join the meeting in advance.
 
MORE INFORMATION
The report of the Planning Division and proposed Licencing By-law will be available on Friday, September 16, 2022 as part of City Council’s Agenda. Please contact Peter Tonazzo at 705.759.2780 or p.tonazzo@cityssm.on.ca to request a digital copy or for any questions related to the proposed Licencing By-law. 
 
WRITTEN SUBMISSION
To provide input in writing, please submit a letter to Peter Tonazzo, 99 Foster Drive, Sault Ste. Marie, ON P6A 5X6, or e-mail to p.tonazzo@cityssm.on.ca with your name, address and application file number on or before Monday, September 19, 2022.
 
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