Appendix
Attachment 5: Home Occupation Regulations – Comparison Table
Detailed table comparing current and proposed regulations with rationale for each change.
Comparison of DefinitionsComparison of specific operational conditions
Zoning Bylaw No.900, 2014 – Home Occupation Comparison Table
Definitions
| CURRENT | PROPOSED |
|---|---|
| Home Occupation means the accessory use of a residential dwelling unit by its resident for commercial purposes, provided that the use is secondary to the use of the dwelling unit for residential purposes and that it does not change the residential character and is in accordance with Section 4.2 of this Bylaw. | Home-Based Business means any home office, minor or major business activity or occupation that is carried out by a resident from their dwelling unit that is accessory to the primary residential use. A home-based business may be one of three types: 1) Home Office home-based business, 2) Minor home-based business, or 3) Major home-based business. |
| Home Office Home-Based Business means a home-based business or occupation that operates without the attendance of customers or clients on the property. | |
| Minor Home-Based Business means a home-based business operates without the regular on-site attendance of customers or clients on the property. | |
| Major Home-Based Business means a home-based business or occupation that requires or generates customers or clients to the property. | |
| Bed and Breakfast means the provision of nightly accommodate and breakfast only for transient accommodation, as an accessory use within a detached residential dwelling unit. | No change |
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Section 4.2 Home Occupation and Section 4.3 Bed and Breakfast Regulations
Page 232–243
| SECTION (CURRENT) | CURRENT ZONING BYLAW NO.900, 2014 | NEW SECTION | PROPOSED BYLAW AMENDMENT | RATIONAL FOR PROPOSED CHANGES |
|---|---|---|---|---|
| 4.2.1 | Where a home-based business is permitted by this Bylaw, the maximum number of home-based businesses per lot is as follows: | **New regulations** Staff have suggested that the number of business licences be limited per lot and per dwelling unit. | ||
| a) | No more than two home office home-based businesses per dwelling unit; | |||
| b) | No more than one minor home-based business per lot; or | |||
| c) | No more than one major home-based business per lot. | |||
| d) | Where a secondary suite or accessory dwelling unit exists, a home-based business shall only be permitted in the principal dwelling, and secondary suite or accessory building if the home-based business use will not generate any additional parking. | |||
| 4.2.1 | All home occupations, where permitted by this Bylaw, are subject to the following conditions: | 4.2.2 | All home-based businesses, where permitted by this Bylaw, are subject to the following requirements: | Terminology |
| a) | Only persons who reside in the dwelling are permitted to engage in the home-based business, except where stated in this Bylaw. | All persons operating a home-based business must live on the lot no matter the classification. However, daycare, small and major home-based businesses are permitted to have one employee, who does not have to live on the lot. | ||
| a) | Be accessory to the principal use of the dwelling unit for residential purposes. | b) | Must be accessory to the residential use of the dwelling unit. | Language has been simplified and strengthened. |
| b) | Be carried out wholly within the dwelling unit or within an accessory building. | c) | Must be carried out wholly within the dwelling unit or within an accessory building. | Language has been simplified and strengthened. |
| d) | A home-based business must not cause or result in any variation or alteration in the external residential appearance of the building. | Language has been strengthened. | ||
| c) | Produce no offensive noise, smoke, dust, odour, glare, or electrical interference. | See new proposed regulation 4.2.2.f) | ||
| d) | Be carried on with no exterior indication of the home occupation as a result of outdoor storage, the display of goods or services or lighting; with the exception of signage which complies with regulations of this Bylaw and the Sign Bylaw. | Removed. First portion of this regulation as it’s a duplicate of 4.2.1.h). Regulations regarding signage are proposed to be moved to Sign Bylaw No.950, 2018. | ||
| e) | Parking requirements associated with any home-based business must be in accordance with all parking regulations in Section 5.10 of this bylaw. | **New regulation** All parking requirements for home-based businesses have been moved to Section 5.10 of the Zoning Bylaw which speaks to parking regulations. | ||
| e) | Not use materials or processes that produce flammable or explosive vapours or gases under ordinary temperatures. | f) | A home-based business must not produce offensive noise, smoke, dust, odour, exhaust, flammable/explosive vapours or gases under ordinary temperatures, toxins, contamination, or garbage/waste. | Language has been strengthened. Removed electrical interference as the Town cannot enforce. |
| f) | Not involve the sale or display or any goods, wares, merchandise or foodstuffs which are not produced or made on the lot. | g) | Must not involve the sale or display of any goods, wares, merchandise or foodstuffs which are not produced or made on the lot. | Strengthened language used. |
| g) | Not involve storage or materials outside the dwelling unit or accessory building, which are used directly for the processing or result from the processing of ay product of the home occupation. | h) | Must not involve the exterior storage of any materials used directly or indirectly in the processing or result from the processing of any product of the business. | Language has been simplified and strengthened. |
| h) | Not require delivery of materials or commodities in such bulk or quantity as to require more than one delivery per week by commercial vehicles or trailers. | Removed, staff cannot enforce this regulation | ||
| i) | Not generate any increase in traffic or on-street vehicle parking in excess of that which is ordinarily generated by the residential use of the lot on which the home occupation is located. | Removed, staff cannot enforce this regulation | ||
| j) | Not involve alterations to the dwelling that would change the character of the building as a dwelling. | See above regulation 4.2.2.d) | ||
| k) | Not constitute an agriculture use for purposes of property assessment. | Removed, staff cannot enforce this regulation | ||
| l) | Not permitted on a lot with a small daycare, a large daycare use, or any facility licensed under the Community Care and Assisted Living Act. | i) | Must not be located on a lot with a daycare, small, or any facility licensed under the Community Care and Assisted Living Act. | Language was strengthened. Note that Daycare, Large is a commercial use and not considered a home-based business, as such it was removed. |
| m) | The following uses are specifically prohibited as a home occupation: i) Combustion engine servicing and repair; ii) Clubs; iii) Kennels; iv) Radio Dispatch Services, which require on-lot commercial vehicles; v) Restaurants; vi) Retail Stores; vii) Salvage and Recycling Lots; viii) Storage Lots; ix) Medical clinic; x) Pharmacy; xi) Café; xii) Brewery; xiii) Distillery; xiv) Campground; xv) Vacation rentals, AirBNB and any other form of non-residential commercial overnight accommodation or transient accommodation, whether as a principal or accessory use, and whether of a dwelling unit, a building, or of land, excepting only Bed and Breakfast when permitted as a Level 3 Home Occupation |
j) | The following uses are specifically prohibited as a home-based business: i) Combustion engine servicing and repair; ii) Clubs; iii) Boarding kennels; iv) Restaurants; v) Catering; vi) Retail sale of items other than items produced by the home-based business; vii) Salvage and Recycling Lots; viii) Storage lots; ix) Daycare, large or; x) Transient accommodation, as a principal or secondary use, except a Bed and Breakfast when permitted. |
Removed the following uses from the list: - Radio dispatch services - Medical clinic – permitted in various zones within VR - Pharmacy – permitted in various zones within VR - Café – too many people to site, permitted in various zones within VR - Restaurant - too many people to site, permitted in various zones within VR, requires a commercial kitchen. - Brewery – permitted only within zone C8, building code would not permit this in a residence - Distillery – permitted only within zone C8, building code would not permit this in a residence - Campground – permitted only in zone C6. Additionally, this would be captured by the prohibition of transient accommodation (with the exception of Bed and Breakfast). |
| 4.2.2 | Where permitted by this Bylaw, only one of the following three levels of home occupation is permitted within a dwelling unit. | Removed, was replaced by the proposed section 4.2.1 which sets limits on the number of home-based businesses permitted on a lot or in a dwelling unit. | ||
| 4.2.3 | A Level 1 Home Occupation is subject to the following conditions: | 4.2.3 | A Home Office Home-Based Business is subject to the following requirements: | Level 1 home occupation is proposed to become home office home-based business |
| a) | A home office home-based business is permitted within any dwelling unit, secondary suite, or garden suite, but must not occupy more than 20% of the floor area of the dwelling to a maximum of 37m². | a) | A home office home-based business is permitted within any dwelling unit, secondary suite, garden suite, or accessory building, but must not occupy more than 20% of the floor area of the dwelling to a maximum of 37m². | Simplified the language used. |
| b) | Only persons who reside in the dwelling unit are permitted to engage in the home occupation. | This regulation has been added as a general home-based business regulation - 4.2.2.a). | ||
| c) | A Level 1 Home Occupation must not generate more than one client or customer visit to the lot within or from which it is being operated on any calendar day. | b) | A home office home-based business must not generate more than one client or customer visit to the lot within or from which it is being operated on any calendar day. | Terminology |
| d) | Signage is not permitted on the exterior of the lot or building to indicate the presence of a home occupation. | This regulation has been removed, all regulations discussing signage will be moved to the Sign Bylaw. | ||
| e) | No additional parking is required for a Level 1 Home Occupation. | Captured by proposed regulation 4.2.2.e) all parking regulations will be moved to Section 5.10 of the Zoning Bylaw. | ||
| f) | Where a secondary suite or garden suite is permitted in this Bylaw, a secondary suite, garden suite and a Level 1 Home Occupation are permitted on the same lot, subject to size, parking and building regulations. | Removed, was replaced by the proposed section 4.2.1 which sets limits on the number of home-based businesses permitted on a lot or dwelling unit. | ||
| g) | Level 1 Home Occupation must not one of the following uses: i) Artist studio; ii) Home crafts, for display and sale off-lot; iii) Office; iv) Photographer; v) Web designer; vi) Writer. |
This regulation has been removed as the list is not all inclusive of potential businesses that could fit into this classification. | ||
| 4.2.4 | A Level 2 Home Occupation is subject to the following conditions: | 4.2.4 | A minor home-based business is subject to the following requirements: | Level 2 home occupation is proposed to become minor home-based business. |
| a) | A Level 2 Home Occupation is only permitted within a residential, detached dwelling unit, and must not occupy more than 40% of the floor area of the dwelling unit to a maximum of 74m². For clarity a Level 2 Home Occupation is not permitted in a dwelling unit, secondary suite, garden suite, mobile home or recreational vehicle. | a) | A minor home-based business is permitted within a residential, detached dwelling unit, and must not occupy more than 40% of the floor area of the dwelling unit to a maximum of 74m². | The second sentence is contradictory and unnecessary. For example, 4.2.4.a) states Level 2 Home Occupations are not permitted in a secondary suite, garden suite, mobile home or recreational vehicle all of which meet the Zoning Bylaw’s definition of a dwelling unit. Additionally, 4.2.4.f) permits a Level 2 Home Occupation in secondary suite under certain circumstances. Secondary suites have been addressed in proposed regulation 4.2.4.c). |
| b) | Only persons who reside in the dwelling are permitted to engage in the home occupation. | This regulation has been added as a general home-based business regulation - 4.2.2.a). | ||
| c) | A Level 2 Home Occupation must not generate more than two client or customer visits to the lot within or from which it is being operated at any given time. | b) | A minor home-based business must not generate more than two client or customer visits to the lot within or from which it is being operated at any given time. | Terminology |
| c) | Where a secondary suite is permitted in this Bylaw, both a secondary suite and a minor home-based business are permitted on the same lot, subject to parking and building regulations. | Terminology. Previously regulation 4.2.4.f). Removed the lot size requirement as the property would still be required to fit the required parking for the minor home-based business and the residential parking. | ||
| d) | A daycare, small, where permitted in this Bylaw, are subject to the following conditions to be operated as a home-based business: i) A daycare, small is only permitted in a residential detached, an accessory building, or outdoor play space. ii) A daycare, small may be operated only by a resident on the lot containing the residential daycare and one employee. iii) No more than one daycare, small is permitted on a lot. iv) A daycare, small is not permitted on a lot with a major, home-based business. |
**New Regulations** There is a shortage of daycares, the goal of these new regulations is to make it easier for potential daycares to open. | ||
| d) | Signage is not permitted on the exterior of the land or buildings to indicate the presence of a home occupation. | This regulation has been removed, all regulations discussing signage will be moved to the Sign Bylaw. | ||
| e) | One additional off-street parking space is required to be provided for the Level 2 Home Occupation, subject to parking size and location requirements in this Bylaw. | Captured by 4.2.2.e) all parking regulations will be moved to Section 5.10 of the Zoning Bylaw. | ||
| f) | Where a secondary suite is permitted in this Bylaw, both a secondary suite and a Level 2 Home Occupation are permitted on the same lot, provided that the minimum lot size is 850m², and subject to parking and building regulations. | Regulation moved. Now proposed regulation 4.2.4.c) see above. | ||
| g) | Level 2 Home Occupation must be one of the following uses: i) Any Level 1 Home Occupation; ii) Personal and professional services; iii) Teaching or tutoring, provided that attendance is limited to 2 persons at a time; iv) Small equipment repair; v) Registered Massage Therapist; vi) Registered Acupuncturist. |
This regulation has been removed as the list is not all inclusive of potential businesses that could fit into this classification. | ||
| 4.2.5 | A Level 3 Home Occupation is subject to the following conditions: | 4.2.5 | A major home-based business is subject to the following requirements: | Terminology |
| a) | A Level 3 Home Occupation is permitted within a residential single detached unit, and must not occupy more than 40% of the floor area of the dwelling unit to a maximum of 93m². For clarity, a Level 3 home occupation is not permitted in a residential multiple unit, secondary suite, garden suite, or mobile home or recreational vehicle. | a) | A major home-based business is only permitted within a residential detached unit and must not occupy more than 40% of the floor area of the dwelling unit to a maximum of 93m². | The second sentence is unnecessary as it is stated below in proposed regulation 4.2.5.d) states that a major home-based business is not permitted on a lot with a secondary suite. A major home-based business is only permitted in a single-family home with no suite. |
| b) | The minimum lot size of a Level 3 Home Occupation is 1,000m². | Removed, instead, a major home-based business will be restricted to residential detached, with no suite or garden suite, and a property which can fit all of the required parking (note that 2 parking spaces are required for the major home-based business as well as the 1 parking space for the residence). | ||
| c) | A maximum of one non-resident employee is permitted to be engaged in the level 3 home occupation along with the home occupant. | b) | A maximum of one non-resident employee is permitted to be engaged in the major home-based business along with the home occupant. | Terminology |
| d) | A Level 3 Home Occupation must not generate more than five client or customer visits to the lot within or from which it is being operated at any given time. | c) | A major home-based business must not generate more than five client or customer visits to the lot within, or from which it is being operated at any given time. | Terminology |
| e) | Signage is permitted on the exterior of the land or building to indicate the presence of a home occupation, in accordance with this Bylaw and the Sign Bylaw. | This regulation has been removed, all regulations discussing signage will be moved to the Sign Bylaw. | ||
| f) | For a Level 3 Home Occupation, two additional off-street parking spaces are required to be provided, subject to parking size and location requirements in this Bylaw. | Captured by 4.2.2.e) all parking regulations will be moved to Section 5.10 of the Zoning Bylaw. | ||
| g) | A secondary suite or garden suite is not permitted on the same lot as a Level 3 Home Occupation. | d) | A secondary suite or garden suite is not permitted on the same lot as a major home-based business. | Terminology |
| h) | Level 3 Home Occupations must be one of the following uses: i) Any Level 1 Home Occupations; ii) Any Level 2 Home Occupations; iii) Bed and Breakfast, as further regulated under Section 4.3 iv) Teaching or tutoring, provided that attendance is limited to 5 persons at a time; or v) Counselling. |
This regulation has been removed as the list is not all inclusive of potential businesses that could fit into this classification. | ||
| e) | A bed and breakfast is subject to the following requirements: i) Bed and breakfast operations must only contain up to two sleeping units. ii) Must not accommodate more than 5 guests at any given time. iii) A bed and breakfast is not permitted on a lot with a daycare, small or any facility licensed under the Community Care and Assisted Living Act. iv) A bed and breakfast operations are not permitted on a lot with a minor or major home-based business. |
Moved the Bed and Breakfast regulations (business specific) to the major home-based business regulations. Currently Bed and Breakfast business licence applicant’s have to comply with Level 3 home occupation regulations and bed and breakfast specific regulations in Section, this change is meant to improve clarity. | ||
| 4.3.1 | In addition to Home Occupation general and Level 3 provisions, the following additional provisions are required for bed and breakfasts to be lawfully established and ongoing: | Bed and Breakfast regulations were moved into section 4.2.5.e) to improve clarity for future applicants. | ||
| a) | A bed and breakfast must only be operated as an accessory use within a detached dwelling. | Regulation removed as this regulation has already been stated in the general home-based business regulations (4.2.2.b). | ||
| b) | Bed and breakfast operations may contain a maximum of two sleeping units for transient accommodation. | Regulation moved. Now proposed regulation 4.2.5.e.i) see above. | ||
| c) | A bed and breakfast operation must not alter the residential character and appearance of the detached dwelling. | Regulation removed as this regulation has already been stated in the general home-based business regulations (4.2.2.d). | ||
| d) | The licensed operator of a bed and breakfast operation must reside in the dwelling in which the operation is located. | Regulation removed as this regulation has already been stated in the general home-based business regulations (4.2.2.a). | ||
| e) | A bed and breakfast operation is not permitted on a lot having a small daycare, a large daycare, or any facility licensed under the Community Care and Assisted Living Act. The maximum length of stay is no more than 60 days in a calendar year. | Regulation moved. Now proposed regulation 4.2.5.e.ii) see above. Removed the maximum length of stay as staff cannot enforce. |
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