South Okanagan

A Naramata business will be able to continue to operate as is after winning a legal challenge put forward by the Regional District of Okanagan Similkameen.

Photo: Contributed

The RDOS contended the owner was running a vacation rental contrary to restrictions placed on a Private Visitor Accommodation/Bed and Breakfast Operation and contrary to the intent of the residential zoning of the property.

After reviewing the circumstances and evidence presented over a five month period, Justice Dardi ruled the defendants in the case were lawfully operating their business as a permitted secondary use of their single family dwelling.

The ruling was handed down January 18.

The Regional District says it's concerned over the potential impact the ruling could have on residential neighbourhoods.

While the Regional District contemplates appealing the ruling, it says in a news release it wants to clarify the significance of the ruling to Naramata and the entire district.

• This legal decision is based on the particular circumstances of the use of the subject property. While the use of homes for private visitor accommodation/bed and breakfast has been expanded by this ruling, there are still zoning regulations in place and circumstances where this use is not permitted in homes. For example, the zoning limits a private visitor accommodation/bed and breakfast to not more than three bedrooms and a maximum of eight guests. The owner's personal use of the home is also a significant factor.
• The RDOS will continue to enforce the Zoning Bylaw for private visitor accommodation/bed and breakfast upon complaint and will review the particulars of how each use is operated. Residents are also advised that complaints on excessive noise can be directed to SOS Security at 250-492-0911 for bylaw enforcement action.
• The legal costs associated with this case are covered by all of the Electoral Areas of the RDOS as part of the planning function. There will not be an additional cost to Area E property owners.
• The RDOS will be taking steps to amend the Zoning Bylaws of the region to provide for private visitor accommodation/bed and breakfast as originally intended in our bylaws -- as a type of small scale home occupation conducted by the residents living on the site and for accommodation of visitors in bedrooms in the home.