Short-term rentals
City bylaws are being updated to support new local and provincial short-term rental regulations
The Provincial government has introduced legislation to help municipalities further regulate short-term rentals to improve housing supply and affordability across B.C. After receiving information about upcoming changes to the provincial government’s short-term rental regulations on January 15, Council supported staff-recommended amendments to Kelowna’s Zoning Bylaw to address enforcement challenges and protect our community’s long-term rental supply. New provincial rules coming into affect on May 1 will affect short-term rental accommodation within the City of Kelowna, with the most significant changes to current principal use and non-conforming properties.
The City of Kelowna is bringing forward a suite of bylaw and policy updates over the coming months in order to reflect these changes.
Overview of changes
Effective immediately
- Secondary use
- Secondary use short-term rental accommodation is being removed as a permitted use from all zones. However, under the City’s discretion, 498 current licenced secondary use short-term rentals can continue to operate in Kelowna, even after May 1, 2024, if they meet provincial principal residence requirements under ‘legally non-conforming’ status
Effective May 1, 2024
- Principal residence
- Short-term rentals will only be allowed within principal residences, with few exceptions.
- The province has defined principal residence to mean “the residence in which an individual resides for a longer period of time in a calendar year than any other place” and has limited short-term rentals to only being permitted within the host’s principal residence. Unless exempted by the province, this new requirement will apply to all properties, including those with currently permitted principal use, legally non-conforming, and secondary use short-term rentals.
- Principal use
- Unless exempted by the province, principal use short-term rentals (where short-term rentals are the main use for a property) will no longer be permitted on any properties. This is because short-term rentals are limited under provincial legislation to only being permitted within the host’s primary residence.
- Legally non-conforming
- For current legally non-conforming properties, principal use short-term rentals will no longer be permitted, as principal use short-term rental accommodation is not a permitted use in the Zoning Bylaw for the zones of those properties.
Exemptions
The provincial legislation does not apply to hotels, motels, vehicles (such as RV’s) and tents or other temporary shelters. There are also limited exemptions to the principal residence requirement which includes strata titled hotels and to properties that include farm land (Class 9). At Council’s request, the City is exploring a process to request changes to exempt specific properties, which will be subject to approval from the Provincial government.
The province is responsible for managing all exemption requests. Any owner or strata organization interested in pursuing an exemption for a specific accommodation type under provincial legislation is advised to contact a lawyer for advice.
Note : Information below is being updated to reflect changes to local bylaws and new legislation coming into effect.
Operating a short-term rental
SHORT-TERM RENTAL OPERATOR'S GUIDEBOOK
Anyone operating a short-term rental must apply for a business licence. A homeowner or primary resident can legally rent their principal residence (or a bedroom within their residence) for periods of less than 30 days in certain zones in the city, as per Section 9.10 of the Zoning Bylaw.
By licensing your short-term rental and following regulations, you're helping limit negative impacts to the long-term rental market, ensuring your accommodation is a good neighbour, and supporting equity among all short-term accommodation providers.
Annual business licences for short-term rentals cost $345 for principal residences and $750 for non-principal residences. These fees reflect the cost of implementation and compliance oversight activities. Short-term rental operators are required to renew their licence annually and ensure all documentation is accurate and up-to-date for the new year. Renewal notices will be mailed in early December, and licence fees are due by Jan. 15 each year regardless of booking start dates.
How to apply for a short-term rental business licence
- Make sure you meet the eligibility requirements.
- Complete the following forms: short-term rental business licence application form, self-evaluation fire & safety form, good neighbour agreement form, strata consent form (if applicable).
- Submit a parking plan that meets parking requirements within Zoning Bylaw No. 12375 for short-term rentals in your zone.
- Prepare a fire and safety evacuation plan identifying the location of smoke alarms, carbon monoxide alarms, fire extinguishers, fire exits, and sleeping units.
- TENANTS applying are required to provide the owner consent form.
- Apply for a business licence online or in-person at the Application Centre on the second floor of City Hall (please bring a piece of ID and general information about the business).
There is a waiting period of 2-5 weeks to receive a final review of a short-term rental application after it is submitted online or in-person at City Hall. Please monitor the email you provided on your application for updates.
- The short-term rental must be within your principal residence unless your property is in one of the three exemption areas:
- Short-Term Rental as a Principal Use
- Short-Term Rental as a Principal Use with 6-month restriction
- Short-Term Rental as a Principal Use, Permitted Non-Conforming
- Contact information for the designated person responsible for overseeing the unit must be provided upon application and posted within the accommodation.
- Short-term rentals are not allowed in secondary suites or carriage houses
- Obtain permission from your landlord, if applicable
- Ensure your strata bylaws allow short-term rentals, if applicable
- Parking must be available as per Section 8 of the Zoning Bylaw
- It is also recommended that you confirm your insurance policy allows for short-term rentals
The City of Kelowna allows short-term rentals accommodation as a secondary use in the following zones:
A1, A2, RR1, RR2, RU1, RU2, RU3, RU4, RU5, MF1, MF2, MF3, C1, C2, CA1, VC1, UC1, UC2, UC3, UC4, UC5, HD2, CD17, CD18, CD20, CD22, CD26
The City of Kelowna allows short-term rental accommodation as a principal use in the following exemption areas:
| Principal Use | Principal Use with 6-month restriction * | Principal Use, Permitted Non-Conforming |
|---|---|---|
| 3699 Capozzi Rd | 1088 Sunset Dr | 1873 - 1875 Country Club Dr |
| 3700 Capozzi Rd | 1128 Sunset Dr | 1350 St Paul St |
| 3800 Capozzi Rd | 1075 Sunset Dr | 1290 St Paul St |
| (Aqua Project - Permitted in Zoning Bylaw No. 12375, Section 14.15 Site Specific Regulations, Item #5) | 1083 Sunset Dr | 1215 St Paul St |
| CD18/Area I Village Centre | 1089 Sunset Dr | 1471 St Paul St |
| (Permitted in Zoning Bylaw No. 12375 CD18 - McKinley Beach Comprehensive Development Zone, Section 15.4.3-CD18 Permitted Land Uses) | 1093 Sunset Dr | 1585 Abbott St |
| 648- 654 Cook Rd | 1099 Sunset Dr | 3477 - 3499 Lakeshore Rd |
| (Permitted in Zoning Bylaw No. 12375, Section 14.15 Site Specific Regulations, Item #9) | 1123 Sunset Dr | 925 Leon Ave |
| 1129 Sunset Dr | 1083 KLO Rd | |
| 1133 Sunset Dr | 3880 Truswell Rd | |
| 1139 Sunset Dr | 3398 McKinley Beach Lane | |
| (Permitted in Zoning Bylaw No. 12375, Section 14.15 Site Specific Regulations, Item #8) | 3475 Granite Close / 3434
| |
| McKinley Beach Dr | ||
| 3377 Lakeshore Rd |
* The short-term rental accommodation must maintain at least 6 months a year of long-term residential use. For example, the 6 months long term residency could be owner occupied or monthly rentals.
1Short term rentals should park within the designated principal parking for the dwelling unit. Short term rentals shall not park within the visitor parking.
2There are certain properties exempted from renting only in an operator's principal residence, number of bedrooms, and parking requirements.
Example: If you live in a single detached house in the RU1 zone, you could rent up to three bedrooms to up to six adults under one booking. You would need to provide two parking spaces specifically for the short-term rental, in addition to the other required parking for your house. In a multi-unit residential building, you could rent up to two bedrooms to up to four adults under one booking. You would need to provide one stall in total.
Other requirements
- List your business licence number in any listings advertising your rental.
- Renew your business licence annually
- Rentals in residential, secondary use zones can't be licensed with a corporation or society as the operator.
If your short-term rental application is for a single-family dwelling or duplex, you are required to include a parking plan that outlines and labels each parking stall to show that there is enough room to support a short-term rental, as well as any other uses, within your property lines.
Please note that driveways are permitted to have an access of six meters. If your driveway exceeds this requirement, we may request that landscaping be included to comply before we continue with your short-term rental application.
This parking plan is to be provided on an aerial view photo or site plan. Our map viewer provides the option to aerial view your property as well as to draw and measure stalls. Most zones require two principal residence stalls and one guest stall per every two bedrooms applied for.
Please reference pages 4-7 of the Short-Term Rental Operator's Guidebook for parking plan examples.
Parking stall sizes
The first principal residence parking stall is required to have a minimum length of 6.0 meters, minimum width of 2.5 meters, and a minimum height clearance of 2.0 meters. The remaining parking stalls for the second principal residence stall, short-term rental stalls, secondary suite/carriage house stalls have the following requirements: minimum length of 4.8 meters, minimum width of 2.3 meters, and a minimum height clearance of 2.0 meters.
Please note that where a parking space meets an obstruction (including but not limited to columns, property lines, curbs, walls, pipes, roof features, fences, and emergency exit painted areas) the parking space will follow the following regulations:
- Be an additional 0.2 m wider where the parking space abuts an obstruction on one side;
- Be an additional 0.5 m wider where the parking space abuts an obstruction on both sides; and
- Be an additional 0.8 m wider where the parking space abuts a doorway.
Your short-term rental accommodation must have appropriate safety measures in place to protect guests in the event of an emergency. The following requirements must be met:
- Provide contact information for someone who is available to respond to incidents 24/7.
- Post a fire and safety evacuation plan in sleeping units and at exits.
- Install an accessible, working fire extinguisher on each floor.
- Test annually, and maintain in working order, all smoke alarms, fire extinguishers, and carbon monoxide detectors.
- Bedroom windows are to open without obstruction. For bedrooms without sprinkler systems, the window opening cannot be less than 0.35 m2 (3.8 sq ft) with no dimension less than 380 mm (15 inches). Where a window opens into a window well, a clearance of no less than 760 mm (18 inches) shall be provided in front of the window. There should be no security grilles that require keys, tools or special knowledge of the opening mechanism. Rooms found not to meet window requirements are not be used for sleeping accommodation.
You are required to post a fire evacuation plan at entrances and exits and in each approved bedroom. The fire evacuation plan will include the following information.
- Operator’s name
- Address of the property
- Emergency contact (name and number of the responsible person who is locally available 24/7 to address immediate concerns)
- Emergency contact number (911)
- Designated meeting point
- Location of fire extinguisher
- Location of window exits of code-approved size
We actively work to ensure short-term rental operators comply with rules and regulations. Operators may face fines of up to $500 per day, per offence, and significantly higher amounts if compliance efforts require escalation.
File a short-term reNTal complaint
Licensing your short-term rental and following regulations helps us balance impacts to the housing market and to neighbourhoods. Protecting the long-term rental market, ensuring short-term rental accommodations are good neighbours, ensuring fairness among short-term rental providers, as well as cost recovery for compliance needs, are all considerations in the regulations and licensing process.
- Operating without a valid business licence.
- Operating contrary to zoning restrictions.
- Listing or advertising a short-term rental without displaying a valid business licence.
- Listing or advertising a short-term rental exceeding approved bedroom count on business licence.
- Operating a short-term rental in a home that is not your principal residence if required by zone.
- Operating in an unsafe or nuisance property.
- Refusing entry for inspection by a Licence Inspector or City representative.
Operators exceeding licensing requirements or restrictions, and those with repeat offences, may be subject to escalated prosecution and higher fine amounts per offence per day.
The City actively inspects short-term rentals. Operators must provide access to their short-term rental accommodation for the City to inspect, upon request.
Operators understand that City staff may:
- Audit short-term rental licences and all required documentation.
- Request evidence that supports the information in a licence application
- Request records of the short-term rental bookings and operation dates
- Request records showing fire safety inspections and safety maintenance
City bylaws ensure our community is a safe and enjoyable place for residents and visitors. Please ensure your guests are aware of the following rules, as well as any other rules set by your strata, if applicable.
Noise
Because many short-term rental properties are near other residential homes, please ensure your guests are considerate of the public and their neighbours at all times of day. View the Good Neighbour Bylaw to learn more.
Parking
Ensure your guests know where they can and can’t park. Guests must have access to a designated parking space, as per Section 4 of the Traffic Bylaw. Inform guests of any on-street parking time limits or restrictions.
Dogs
Guests must control their dogs at all times and keep on a leash when outside, unless within a designated off-leash dog park. Guests must also pick up after their dog.
Garbage and recycling
Ensure guests have access to recycling and garbage bins. Learn more about garbage, recycling and yard waste options.
Direct any nuisance complaints to Bylaw Services at 250-469-8686. If you're aware of a short-term rental business operating without a licence, contact our Licensing Branch at businesslicences@kelowna.ca.
We prepared these regulations based on Council-endorsed guiding principles and in consultation with the public and stakeholders. The regulations aim to balance the interest in having short-term rentals in our community with measures that protect long-term rentals and limit impacts on neighbouring properties and uses.
- Ensure short-term rental accommodations do not impact the long-term rental housing supply in a negative way.
- Ensure short-term rental accommodations are good neighbours.
- Ensure equity among short-term accommodation providers.
| Public opinion survey | Fall 2017 |
| Council review of Guiding Principles & public survey results (July 16, 2018) | Summer 2018 |
| Draft regulations, stakeholder engagement | Summer & Fall 2018 |
| Staff policy recommendations (Dec. 3, 2018 & Feb. 25, 2019) | Winter 2018/2019 |
| Council bylaw consideration (March 12 & April 8, 2019), public hearing | Winer-Spring 2019 |
| Implementation & business licence intake | April 23, 2019 |
| Staff policy recommendations: Secondary suites and carriage houses | May 6, 2019 |
