Appeal holding up new city rules on home-based businesses
By Peter Kovessy, Ottawa Business Journal Staff
Wed, Apr 1, 2009 2:00 PM EST
http://www.ottawabusinessjournal.com...0088755182.php
Zoning bylaw too restrictive, resident says
A south-end councillor is asking that an appeal of Ottawa's new home-based business regulations be accelerated so that the new rules, which the city says offers more flexibility to entrepreneurs, can take effect.
Council last June passed the city's comprehensive zoning bylaw, which includes home-based business provisions, to replace the previous patchwork of pre-amalgamation rules.
But an appeal filed by Carp resident Gary Marshall, scheduled to be heard before the Ontario Municipal Board this fall, has delayed implementation of the new regulations, which change the types of residential dwellings that can host a business, as well as rules around non-resident employees.
Gloucester-South Nepean Coun. Steve Desroches says he has asked municipal staff if it's possible to move up the appeal date, so the city can have consistent rules for residents wanting to establish a home-based business.
"Right now, the current patchwork has restrictions that are hindrances to someone starting a small- or medium-sized business," says Mr. Desroches, who is also vice-chair of the city's corporate services and economic development committee.
"It is very important that, given the economic downturn, we support ... people who have lost their job (because) it might be a viable option for them to become an entrepreneur," he adds, explaining the city is holding off on releasing a guide to help residents start a home-based business in case the OMB subsequently alters the municipal rules.
Bylaw changes receiving the most attention include provisions dealing with the number of non-resident employees and clients permitted at a home-based business.
In some pre-amalgamation municipalities, the number of permitted non-resident employees was zero; in others, such as Gloucester, they were prohibited for service businesses. The new citywide rules permit only one non-resident employee to work on site, but allows business owners to employ off-site employees, explains city planner Beth Desmarais.
"There is no problem with that, because they are not coming to the property or, if they are coming to the property, they are not coming every day," she says.
However, these provisions are still deemed too restrictive by those fighting the bylaw.
Mr. Marshall refused to discuss his appeal when contacted by OBJ, but in documents filed with the city and the OMB, he cites correspondence from Greely resident Dan Perley, who argues allowing up to five non-resident employees at a home business is more reasonable.
"Ottawa council should be focusing on how to make Ottawa the most home workplace-friendly city in Canada ... We're the high-tech Silicon Valley North, supposedly, and we don't get this stuff," adds Mr. Perley, who co-owns two companies involved in strategic technology planning, Marchhurst Tech Corp. in Canada and California-based Workplace Technologies Corp.
(While his American firm is involved in home workplace solutions, Mr. Perley says neither of his companies market any such services or products to the City of Ottawa.)
But Mr. Desroches says the new bylaw not only strikes an appropriate balance between the rights of home-based business owners and neighbours, but is also much more permissive than many of the former rules.
In some former municipalities, he says, home-based businesses were banned in all residential buildings except for detached dwellings. Under the new bylaw, there are different permitted uses and rules for different types of buildings.
"We're on the right track to having an overall city framework aimed at encouraging home-based businesses, but that has a philosophy of good neighbours so there are not parking impacts or noise implications on the surrounding residents," he says.
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HOME SWEET HOME?
Selected provisions from section 127 of the city's zoning bylaw (under appeal)
(3) Despite the unlimited number of businesses permitted, a maximum of only one, on-site, non-resident employee is permitted per principal dwelling unit.
(4) On-site non-resident employees are prohibited in association with any home-based business located within a secondary dwelling unit, rooming unit, or dwelling unit within an apartment dwelling, lowrise or an apartment dwelling, mid-highrise.
(5) No more than one client or customer may be attended or served on site in the case of any home-based business within a principal dwelling unit.
(6) No client or customer may be attended or served on site in the case of any home-based business located within a secondary dwelling unit, rooming unit, or dwelling unit within an apartment dwelling, lowrise or an apartment dwelling, mid-highrise.
(13) Where a home-based business sells on the premises, it sells only those items that are made on the premises. Despite the foregoing, telemarketing and mail-order sales are permitted provided that any merchandise purchased is delivered or mailed directly to the customer.
Source: City of Ottawa