Jasper National Park Public Notices

Application to the Planning and Development Advisory Committee

Executive summary

Parks Canada has initiated a process to amend the Private Home Accommodation (PHA) requirements as stated in the Town of Jasper Land Use Policy. The intent of the proposed PHA amendments is to address previous permitting inconsistencies and facilitate clear, consistent and fair implementation of the PHA permitting process, for the benefit of current and future PHA operators, the community and visitors.

Background on conceptual changes

During the 2018 consultations for the proposed Land Use Planning Regulation the Municipality and participants requested a separate meeting be arranged to discuss local housing issues in the Park community and options to permit more rental housing inside the townsite. Parks Canada and the Municipality jointly funded a consultant, met with the Chamber of Commerce and the Jasper Home Accommodation Association (JHAA), in February of 2019, and hosted a public forum on March 14, 2019. Topics discussed at the forum included: Options for updating Jasper’s Zoning Regulations; considerations for Accessory Dwelling Units; and Private Home Accommodations. From the What We Heard Report, based on this 2019 consultation (available at: Jasper National Park Public Notices), feedback specific to Private Home Accommodations was considered and on May 12, 2022 twelve concepts for PHA policy changes were proposed. After receiving preliminary feedback, the proposal was withdrawn.

In July of 2022 Parks Canada met with both the JHAA and the Municipality to obtain feedback on PHA changes. From the meetings, and the 2019 feedback, eight conceptual PHA policy changes were put forward in December 2022. A six-week public consultation process on the “Private Home Accommodation Conceptual Policy Changes” resulted in a PHA Concept Policy Changes What We Heard Report.

The consultation process was advertised in the Fitzhugh newspaper and posted on the Parks Canada Public Notice webpage and the What We Heard Report is available on the Jasper National Park Public Notices.

In consideration of the feedback, the following three concepts will not be amended in the policy at this time: PHA Parking (Not Obstructed); PHA On-site Parking Use; and PHA Discretionary Use Permit 3-year Term. These concepts remain important to address and Parks Canada will further consult with both the JHAA, and the Municipality of Jasper, on the creation of PHA Guidelines and a PHA Compliance Strategy.

Proposed policy changes

This application to amend the Town of Jasper Land Use Policy includes the five remaining PHA concepts that have been consulted on as well as several policy clarifications.

Note to reader:

• The Explanatory notes are solely to serve as a record of the intent of each amendment but will not form part of the formal Land Use Plan amendment.

1. Kitchens prohibited in PHAs

Proposed policy amendments:

1. Section 30.06 Private Home Accommodation Additional Requirements subsection (a) is hereby amended by the addition of:
   
   “(vii) not contain a kitchen, unless constructed as an approved secondary suite through an approved Parks Canada Development Permit and a Parks Canada Building Permit process”

Explanatory note:

The intent is to clarify the existing policy restricting a PHA from having a kitchen unless the PHA is contained within a secondary suite. With the adoption of the Interim Policy for Secondary Suites in the Town of Jasper in 2020 this new option to have a PHA with a Kitchen is now be possible. Public Feedback specific to “No limitation of cupboards / refrigerator size” was well supported; therefore, Parks Canada will not propose an amendment to the Policy in this regard and will consult with both the JHAA, and the Municipality of Jasper, and the community to address this further through creation of PHA Guidelines and a PHA Compliance Strategy.

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2. PHA gross floor area

Proposed policy amendment: Private Home Accommodation Area definition and limitation to a maximum of 45% of the dwellings gross floor area is achieved through the following amendments:

1. Section 3.02 Definitions subsection (a) is hereby amended by the addition of:
   
   “private home accommodation area” means the gross floor area within the dwelling attributed to the use of the Private Home Accommodation which may include, but not limited to, any bedrooms, bathrooms, entrances or hallways, sitting rooms, storage areas, or other spaces.”


2. Section 30.05 Home Based Business Specific Requirements (a) All Home Based Businesses shall comply with: … (iv) is hereby replaced with:
   
   “(iv) a Home Based Business, excluding a Private Home Accommodation, shall occupy no more than 10% of the gross floor area of a dwelling unit including associated storage of materials, goods, supplies or equipment”


3. Section 30.06 Private Home Accommodation Additional Requirements (a) In addition to all of the Home Based Business requirements, a Private Home Accommodation shall: … (vi) is amended with the addition of:
   
   “(vi) have a total Private Home Accommodation Area that must not exceed 45% of gross floor area of the dwelling it is located within”

Explanatory note:

The intent is to clarify that a Private Home Accommodation Area may occupy up to 45% of the dwellings gross floor area.

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3. Compliance inspections (PHA compliance deadline)

Proposed policy amendments: The deletion of section 31.05 Inspections including subsection (a) will remove this Private Home Accommodation Permit 60-day enforcement deadline.

1. Section 31.05 Inspection, including subsection (a), is hereby deleted in its entirety;


2. Section 5.17 Enforcement subsections (b) and (d) are replaced with:
   
   "(b) The superintendent may suspend or revoke a permit issued under these Policies where it is found that a development, construction, or the use of the land or building, in whole or in part, is not in accordance with any of the following conditions:
   
   
   1. the Act and regulations;
   2. the terms and conditions of a permit issued under these Policies;
   3. if the permit was issued, in the opinion of the superintendent, on the basis of substantial incorrect information or misrepresentation by the applicant; or
   4. the permit was issued in error.

   ...

   (d) If the superintendent finds that a development, construction, or the use of the land or building, in whole or in part, is not in accordance with the Act and regulations, or the terms and conditions of a permit issued under these Policies, the superintendent may, by written notice, order the grantee, lessee, licensee, the person in possession of the parcel of land or the building or the person responsible for the contravention to:
   
   
   1. stop any construction on the building or the use of the land or building in whole or in part as directed by the notice;
   2. demolish, remove or replace the building; or
   3. carry out any other actions required by the notice so that the building or use of the land or the building is made to comply with the provisions of the notice.”

Explanatory note:

The intent is to clarify that PHA enforcement will be aligned with the existing enforcement actions as stated in section 5.17 Enforcement. Section 5.17 is also amended to include “use” as this concept is proposed to be separated from the current definition of Development (see Discretionary Use Permit below). Further consultation on a PHA Compliance Strategy with the JHAA and the Municipality of Jasper is required in addition to these policy changes.

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4. Exterior entrance restrictions

Proposed policy amendments: Current Policy restricts one-unit and two-unit dwellings to: a maximum of 2 exterior entrances per dwelling; no exterior stairway to the second floor permitted; no enclosed entrance hallways (vestibules) permitted; and no independent access to basements permitted. Deletion of the following sections will remove these Exterior Entrance Restrictions:

1. Section 3.02 Definitions (a) “vestibule” to be deleted


2. Section 15.06(h)(iv) deletion of sub-sub-subsections (1), (2), (3), and (4) will remove the exterior entrance restrictions from the One-unit Dwelling District (R1)


3. Section 16.06(i)(iv) deletion of sub-sub-subsections (1), (2), (3), and (4) will remove the exterior entrance restrictions from the Two-unit Dwelling District (R2)


4. Section 17.06(h)(iv) deletion of sub-sub-subsections (1), (2), (3), and (4) will remove the exterior entrance restrictions from the Old Town Jasper Historic District (R2H)


5. Section 20.06(g)(iv) deletion of sub-sub-subsections (1), (2), and (3) will remove the exterior entrance restrictions from the Compact Lot Dwelling District (R4)


6. Section 21.06(i)(iv) deletion of sub-sub-subsections (1), (2), (3), and (4) will remove the exterior entrance restrictions from the Cabin Creek West One-unit Dwelling District (CCWa)


7. Section 22.06(h)(iv) deletion of sub-sub-subsections (1), (2), (3), and (4) will remove the exterior entrance restrictions from the Cabin Creek West Two-unit Dwelling District (CCWb)


8. Section 23.06(j)(ii) deletion of sub-sub-subsections (1), (2), (3), and (4) will remove the exterior entrance restrictions from the One-unit Dwelling District (R1)

Explanatory note:

The intent is to remove these current exterior entrance policy restrictions to ensure conformity for all one-unit and two-unit dwellings rather than grant exceptions to PHAs only.

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5. Discretionary use permit

Proposed Policy Amendments: The following amendments will add in the new Discretionary Use Permit type:

1. Section 1.07 Non-Conforming Uses and Buildings subsection (a) and (g) is replaced with:


• “(a) if a Discretionary Use Permit, development permit, or a building permit has been issued on or before the day on which these Policies, or an amendment thereto, comes into force and the Policies or amendment would make the use or development in respect of which the permit was issued a non-conforming use or a non-conforming building, the permit continues in effect in spite of the coming into force of these Policies.
• ...
• (g) A permit issued for a home based business discretionary use shall be terminated should the applicant vacate the property for which the permit was issued.”.”


2. Section 3.02 Definitions subsection (a). is hereby amended by the addition of:
   
   “discretionary use permit” means a document issued by the superintendent or their delegate under this Policy that authorizes a discretionary use which may include a written letter of decision, a plan or drawings, specifications, or other documents as applicable;”


3. Section 5.05 Procedure for Other Development and Discretionary Use Applications subsection (a) is hereby replaced with:
   
   "(a) Following the receipt of a complete:
   
   1. development permit application for a permitted use requiring a Variance; or
   2. Discretionary Use permit application, excluding a Home Based Business that does not involve client visitation”
4. Section 30.02 Approval Required subsection (b) is hereby replaced with:
   
   “(b) No person shall operate a Home-Based Business without a valid Discretionary Use Permit."


5. Section 30.03 is hereby replaced with:
   
   “Section 30.03 Discretionary Use Permit Application Requirements for Home Based Businesses
   
   (a) Every application for a Discretionary Use Permit for a Home Based Business shall be made on a form provided by the superintendent, and be signed by the applicant.
   
   (b) The superintendent shall refuse to accept a Discretionary Use Permit application where the information required in the following has not been supplied or where, in the opinion of the superintendent, the quality of the material supplied is inadequate to properly evaluate the application.”


6. Section 30.04 subsection (c), (d), (e), and (f) are hereby replaced with:
   
   
   • "(c) Discretionary Use Permits for a Home Based Businesses are not transferable to between properties or lessees.
   
   
   • (d) A Home Based Business Discretionary Use Permit, or employment by a Home Based Business, shall not grant eligible resident status.
   
   
   • (e) A home based business may employ a maximum of one non-resident employee, in addition to the holder of the Discretionary Use Permit.
   
   
   • (f) Any changes to an existing Home Based Business Discretionary Use Permit shall require a re-application for a new Discretionary Use Permit.”


7. Section 30.05 Home Based Business Specific Requirements subsection (a) is hereby replaced with:
   
   “(xii) if required, the area of a dwelling unit used for a Home Based Business may be inspected by inspection agency approved by the superintendent, and must pass the inspection prior to a Home Based Business Discretionary Use Permit being approved. The inspection shall ensure compliance with these Policies, and any other applicable codes and regulations.”



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6. Policy clarifications

Many of the proposed amendments are intended to provide general policy clarification on existing policy items as well as adopting some existing practices into policy.

1. Section 3.02 Definitions subsection (a) is hereby amended by replacing the definition of “home based business” with:
   
   ““home based business” means the secondary use of a residential dwelling for an occupation, office, trade, craft, or private home accommodation, for gain or support, conducted by a permittee who occupies the dwelling as a principal residence;”

Explanatory note:

The intent is to add clarity that the person who obtained the home based business permit, the permittee, must also reside in the dwelling.



2. Section 3.02 Definitions subsection (a) is hereby amended by replacing the definition of “private home accommodation” with:
   
   ““private home accommodation” means a home based business which provides commercial visitor accommodation on a per night basis.”

Explanatory note:

The intent is to clarify that a PHA is a home based business; update the antiquated wording of the existing Land Use Policy by removing “transient paying guest” terminology to visitor accommodation; and the remove the ambiguous statement that it can be within a “one or two-dwelling unit”.



3. Section 30.02 Approval Required subsection (a) is hereby replaced with:
   
   “(a) A Home Based Business is a Discretionary Use and all requirements of these Policies with respect to a Discretionary Use shall apply.”

Explanatory note:

The intent is to adjust the current wording that states “a home based business shall be regulated as a discretionary use” by simplifying it to state that it is “is” a discretionary use.



4. Section 30.03 (c) “Discretionary Use Approval” subsections (i) and (ii) are hereby replaced with:
   
   “(i) A Home Based Business that involves client visitation requires the application to be reviewed before the Planning and Development Advisory Committee to obtain a Discretionary Use Permit.
   
   (ii) A Home Based Business, that does not involve client visitation, may be issued a Discretionary Use Permit without appearing before the Planning and Development Advisory Committee, if, in the opinion of the Superintendent, the business clearly conforms to all policy requirements.”

Explanatory note:

The intent of the amendment is to simplify the policy by eliminating the need to define a Type 1 or Type 2 Home Based Business as it could simply state a Home Based Business with or without client visitation. This is specific to a Home Based Business that involves client visitation, which is required to go through the PDAC process and provide an on-site parking stall.



5. Section 30.03 (d) Every application for a Discretionary Use Permit shall be accompanied by: sub-subsection (i) is hereby replaced with:
   
   “(i) written confirmation that the applicant is the lessee of the site, or for uses other than Private Home Accommodation, a letter of authorization from the lessee of the site authorizing the applicant to apply on the lessee’s behalf;”

Explanatory note:

The intent is to clarify that the current requirement of a “certificate of title” for the site is not required as Parks Canada has record of who the lessee is. Replacing this requirement, the current practice of requiring the applicant to state if they are the lessee, or they have an authorization letter from the lessee, as part of the Home Based Business Discretionary Use Permit application process is proposed.



6. Section 30.03 (d) “Every application for a Discretionary Use Permit shall be accompanied by:” sub-subsection (iv) is hereby replaced with:
   
   “(iv) dimensioned and scaled: floor plans of the dwelling unit, floor plans of the area of the dwelling to be used for the Home Based Business; and, site plan of any additional on-site parking for the Home Based Business if required; and”

Explanatory note:

The intent is to clarify the required dimensioned and scaled plans for a Home Based Business in order to determine the ratio of the home based business’ floor area to the dwellings gross floor area as well as providing a site plan demonstrating the additional parking if required.



7. Section 30.04 General Requirements is hereby replaced with “30.04 General Home Based Business Requirements”.


8. Section 30.04 (b) is hereby replaced with:
   “(b) No more than one home based business shall be permitted per dwelling unit, if one of the businesses involves client visitation.

Explanatory note:

The intent of the amendment is to simplify the policy by eliminating the need to define a Type 1 or Type 2 Home Based Business as it could simply state a Home Based Business with or without client visitation.



9. Section 30.05 Specific Requirements is hereby replaced with:
   “30.05 Home Based Business Specific Requirements”


10. Section 30.05 (a) All Home Based Businesses shall comply with the following (vii) is replaced with:
    
    “(vii) for a site not abutting a lane, a Home Based Business required on-site parking stall may be located within the front setback if it does not interfere with other requirements of this Policy including the required front yard soft landscaping for the site;”

Explanatory note:

The intent of the amendment is to clarify that a required parking stall for a Home Based Business, located in an area without back alley access, may be located in the front setback as long as it does not interfere with the site’s required front yard’s soft landscaping.



11. Section 30.05 Home Based Business Specific Requirements (a)(ix) is hereby replaced with:
    “(ix) no signs advertising home based businesses, other than those required by a Private Home Accommodation, shall be permitted”

Explanatory note:

The intent is to clarify that a PHA is exempted from the Home Based Business signage restriction.



12. Article 31.00 Private Home Accommodation is hereby amended by renumbering to Section 30.06 Private Home Accommodation Additional Requirements.

Explanatory note:

The intent is to clarity that a Private Home Accommodation is a Home Based Business and should be a section under the Home Based Business Article. This also deletes the existing Article 30.06 Inspections.



13. Section 30.06 (a) is hereby replaced with:
    
    “Section 30.06 Private Home Accommodation Additional Requirements
    (a) In addition to all Home Based Business requirements, and the District Development Requirements in which the Private Home Accommodation is located, a Private Home Accommodation shall:”

Explanatory note:

The intent is to combine existing Sections 31.01 (a) and 31.02 (a)(i) and (v) into a single new subsection.



14. Section 31.02 (a)(i), (ii), and (iv) are hereby amended by renumbering to 30.06(a)(i), (ii), and (iv)

Explanatory note:

The intent is to clarity that a Private Home Accommodation is a Home Based Business and should be a section under the Home Based Business Article. This also deletes the existing Article 30.06 Inspections.



15. Section 31.02(a)(iii) is hereby replaced with 30.06(a)
    
    “(iii) Persons, excluding corporate entities, operating a Private Home Accommodation shall be the lessee of record and shall reside in the Dwelling Unit as their primary residence;”

Explanatory note:

The intent is to clarify that the permittee cannot be a corporate entity and that they must reside in the dwelling unit as their primary residence.



16. Section 31.02 (a)(v) and (vi) are hereby deleted in their entirety

Explanatory Note:

The intent is to clarify that sub-subsection (v) was amalgamated in Section 30.06(a) and sub-subsection (vi) regarding operating a PHA shall not provide eligible residency is redundant as it is stated the same in the Home Based Business section 30.04(d)



17. Section 31.03 Development Requirements (a), (b), (c) and (d) are hereby renumbered to 31.06 (vii), (viii), (ix), and (x)

Explanatory Note:

The intent is to clarity that a Private Home Accommodation is a Home Based Business and should be a section under the Home Based Business Article. This also deletes the existing Article 30.06 Inspections.



18. Section 31.04 Licensing, and its subsections (a) and (b) are hereby deleted.

Explanatory Note:

To provide clarity that these subsections already exist in the Home Based Business Sections 30.02 (b) and 30.04(c).



19. Section 31.04 (c) is hereby renumbered to 30.06 (xi)

Explanatory Note:

The intent is to clarity that a Private Home Accommodation is a Home Based Business and should be a section under the Home Based Business Article. This also deletes the existing Article 30.06 Inspections.