Okanagan-Similkameen (Regional District) v ... - Rdosmaps.bc.ca

2012 BCSC 63 Okanagan-Similkameen (Regional District) v. Leach
Bylaw) states that “no more than 50% of the floor area to a maximum of 75 m 2 of a principal dwelling unit
must be used in connection with the home occupation”.
[43] The term “private visitor accommodation” is a separate category from a home occupation and is not
subject to the same restrictions. Section 4 of the 2006/2008 Zoning Bylaws provides the following definition
for “private visitor accommodation”:
an occupation conducted within a principal dwelling unit, by the residents of the dwelling unit, which
provides sleeping accommodations to the traveling public (Provincially exempt). A bed and breakfast
operation is a form of private visitor accommodation and includes the provision of a morning meal for
the persons using the sleeping accommodations.
[44] A “principal dwelling unit” is defined as a “principal residential unit” that: “(b) is used or intended for
use as a residential premises, ...”.
[45] The term “residential” is not defined anywhere in the 2006/2008 Bylaws; however, “residence” is
defined as a “permanent or seasonal home on a lot”.
[46] There is no indication in the 2006/2008 Bylaws as to what is meant by “Provincially exempt”.
[47] Section 7.19 of the 2008 Zoning Bylaw (s. 7.13 of the 2006 Zoning Bylaw) states that:
a private visitor accommodation, which includes a bed and breakfast operation, is permitted where
listed as a permitted use, provided that:
1. it is located within one principal dwelling unit on the parcel, and not permitted in conjunction
with a secondary suite;
2. no more than eight (8) patrons shall be accommodated within the dwelling unit;
3. not more than three (3) bedrooms shall be used for parcels less than 0.8 ha, and not more than
four bedrooms for parcels greater than 0.8 ha;
4. no cooking facilities shall be provided for within the bedrooms intended for the private visitor
accommodation operation;
5. no patron shall stay within the same dwelling for more than thirty (30) days in a calendar year;
and
6. only the residents of the principal dwelling unit may carry on the private visitor accommodation
on the site occupied by the principal dwelling unit.
[48] Section 6.4.3 was introduced in the 2008 Zoning Bylaw and proscribes that “the headings in respect of
each zone are part of this Bylaw”.
[49] The heading in s. 7.19 of the 2008 Zoning Bylaw for “private visitor accommodation” is entitled “Private
Visitor Accommodation (Bed and Breakfast)”. “Bed and breakfast” is defined as “a form of ‘private visitor
accommodation’ conducted within a principal dwelling unit which provides sleeping accommodations to
visitors and includes the provision of a morning meal for those persons using the sleeping accommodations”.
ANALYSIS
http://www.courts.gov.bc.ca/jdb-txt/SC/12/00/2012BCSC0063cor1.htm[03/29/2012 10:23:44 AM]