Agenda Item # Page # AND MEMBERS - PLANNING COMMITTEE R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT

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1 ~ ~ Agenda Item # Page # L I TO CHAIR FROM: SUBJECT: AND MEMBERS - PLANNING COMMITTEE R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT APPLICATION BY: CITY OF LONDON AMENDMENT TO THE HOME OCCUPATION PROVISION SECTION 4.10 ZONING BY-LAW 2.1 PUBLIC PARTICIPATION MEETING ON MONDAY, APRIL 24,2006 AT 445 P.M. RECOMMENDATION That, on the recommendation of the General Manager of Planning and Development, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on May 1, 2006, to amend Zoning By-law No (in conformity with the Official Plan) to: a) change paragraph 12, Section Home Occupation, of Z.-1 Zoning By-law to include a subparagraph that states: "Notwithstanding subsection 12, a dog and domestic cat grooming business is a permitted home occupation subject to the following provisions: 1. A maximum of three (3) dogs and two (2) domestic cats be allowed on the premises at any one time in conformity with the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4); 2. No veterinary services be provided on the premises: 3. No breeding, boarding or overnight accommodation of dogs or domestic cats for grooming be permitted on the premises; 4. Only dogs and domestic cats that are licensed or identified as per the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4), or dogs and domestic cats that are legally licences by any other munlcipallty in the Provlnce of Ontarlo, be allowed on the premises at any one time; 5. No dogs or domestlc cat6 that are brought Into the premlsei for groomlng ahall be permitted outside of the dwelllng; and 6. All other provlsions of Section 4- General Provisions, Subsectlon 4.10, Home Occupation shall apply." b) change Section 2, Definitions, of the City of London Z-1 Zoning By-law to include the following definition: "Dog or Domestic Cat Grooming- Home Occupation" means the grooming of a dog or domestic cat as defined in the City of London Animal Control Bylaw (PH-3) and Dog Licensing and Control By-law (PH-4) and includes bathing, cutting of hair, trimming of nails, and other services generally associated with the act of grooming." I PURPOSE AND EFFECT OF RECOMMENDED AMENDMENTS The recommended amendments will permit dog and domestic cat grooming as a home' occupation in the City of London. 1

2 I RATIONALE 1. The proposed zoning by-law amendment will permit dog and domestic cat grooming as a home occupation with limitations, such that the activity does not introduce undue impacts on adjacent residential properties; 2. The proposed by-law amendment will not conflict with the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4); 3. The addition of the definition of Dog and Domestic Cat Grooming- Home Occupation to the Z.l Zoning By-law defines this specific use for compliance with the Z-1 Zoning Bylaw and with the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4). Date Appllcatlon Accepted: November 5, 2005 Applicant: City of London PLANNING HISTORY On November 7, 2005 Municipal Council resolved that the communication dated October 24, 2005 from Councillor R.J. Alder with respect to a proposed amendment to Section 4.10 subsection 12 of the Z.-1 Zoning By-law in relation to a home occupation be referred to staff to review and report back at a future meeting of the Planning Committee. Councillor Alder recommended an amendment that would permit,,as a home occupation, pet grooming, The proposed recommendation is to add a subparagraph to Section 4.10 subsection 12 to include: Notwithstanding subsection 12, a pet grooming business is permitted in the home occupation provision subject to the following: 1. A maximum of five pets be allowed on the premise at any one time; 2. No veterinary services be provided on the premise, and 3. No breeding or boarding on the premises. The Committee of Adjustment has, in the past, heard applications to allow dog and domestic cat grooming as a home occupation. The Planning and Development Department has not supported applications to allow dog or domestic cat grooming as a home occupation. The Planning and Development Department does not consider a variance from the Z-1 Zoning Bylaw that currently prohibits any animal, corpse or bacteria to be brought in to the dwelling as a home occupation minor in nature. 2

3 I1 SIGNIFICANT DEPARTMENT/AGENCY COMMENTS Environmental & Enalneerina Services DeDartment The City of London s Environmental and Engineering Services Depaftment has not identifiad any engineering concerns with respect to the aforementioned Zoning By-Law amendment application. London Animal Care and Control London Animal Care and Control by through Jay Stanford of the City of London Environmental Engineering Services Department, outlined concerns with the proposed amendment to the Home Occupation provision of the 2-1 Zoning By-law as listed below: 1, The A.C.C is currently educating and enforcing a three dog limit in a dwelling as per the Dog Licensing and Control By-law PH-4; 2. What is the definition of a grooming business, can anyone operate a grooming business; 3. A groomlng business operator may state that dogs are being groomed when they may be harbored or boarded In contravention of the Dog Llcenslng and Control By-law PH-4: 4. Owners of a grooming business should have proof of grooming certification. 5. All pets receiving grooming should be licensed as per the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4), as amended from time to time, be allowed on the premises at any one time; 6. Residences should be inspected for proper housing (cages, kennels-outdoor runs, grooming tables, wash tubs, etc.) 7. Business owners should be able to provide to an Animal Care and Control Officer dog licences to assist in tracing the dog with registered owners: 8. The grooming business should expect surprise inspection by a governing body. Which Municipal Law Enforcement agency would provide for these inspections? JUBLIC -1AISON: Living in the City notice was published on December 24, No replies were received. Response: None What are the Current Home OccuDation Regulations? Section 4.10 of the City of London Z-1 Zoning By-law states that home occupations are permitted in any dwelling unit within a single detached dwelling, semi-detached dwelling, duplex dwelling, converted dwelling, triplex dwelling, fourplex dwelling and townhouse dwelling, subject to the following provisions: 3

4 J.C. Smlth a. The home occupation shall be clearly ancillary to the use of the dwelling unit and carried out by a resldent of the unlt. The floor area taken up by all home occupatlons shall be no more than 25 percent (25%) of the total floor area of the dwelllng unlt and shall be conflned to one area and shall not exceed 28.0 square metres (301.4 square feet). In no case shall any outdoor use or outdoor storage be permitted. The home occupation shall not involve the use or employment within the dwelling unit of more than one person who does not reside in the dwelling unit. The function of such non-resident person shall be restricted to a secretarial, accounting, clerical or support role. The home occupation shall not involve the use of the premises as a base of operations for persons who are employed by or associated with the home occupation, nor shall the premises be used to assemble or rally such persons for transportation to a work site. No more than five persons shall be present in the dwelling unit at any time to receive treatment, services or instructions. No retail use of the dwelling unit shall be permitted as a home occupation. No manufacturina. assemblv or reoair orocess shall be carried on exceot for the fabrication of haid made arkles of clothing, arts or crafts. 9. No institutional use of the dwelling unit shall be permitted as a home occupation. IO. The use of a swimming pool shall not be permitted as a home occupation. 11. No food preparation or food service shall be permitted as a home occupation. 12. No animal, corpse, bacteria or virus shall be brought into the dwelling in connection with a home occupation. 13. No additional commercial vehicles shall be permitted in connection with a home occupation. 14. No lodging shall be provided in the dwelling unit in connection with a home occupation. 15. No delivery of materials to the dwelling unit shall be permitted from a vehicle which has a registered gross weight exceeding kilograms (11,023 pounds). What are the Current regulation of the Animal Care and Control Bv-law (PH-3) and the Doa Licensina and Control Bv-law (PH-417 The City of London Dog Licensing and Control By-law PH-4 section 3.1 states: No person shall keep or permit to be kept more than three (3) dogs within or about any dwelling unit in the City of London, regardless of whether that person is the owner of the dogs. The City of London Animal Care and Control By-law PH-3 states: No person shall keep more than two (2) Class 4 animals in any one unit or any premises. Class 4 animals are defined as a domestic cat, guinea pig, gerbil, hamster, mouse, rat, rabbit, ferret and turtle. Do Other MuniciDalities Allow Doa and Domestic Cat Grooming as a Home Occmatlon? Planning Staff contacted five (5) municipalities, Hamilton, Kitchener, Markham, Waterloo and Windsor, to inquire if their municipalities permitted dog and domestic cat grooming as a home occupation. Hamilton and Windsor have home occupation by-laws. Their home occupation bylaws specify prohibited uses. These by-laws did not specify dog and domestic cat grooming as a prohibited use, therefore in Hamilton and Windsor, dog and domestic cat grooming is permitted as a home occupation, provided that all other provisions of the by-laws are in complied with. Markham, Waterloo and Kitchener also have home occupation by-laws. These municipalities list specific uses that are permitted as a home occupation. Dog and domestic cat grooming is not a permitted use listed in any these municipalities. Because dog and domestic cat grooming is not specifically listed as a permitted use in the home occupation by-laws of Kitchener, Markham and 4

5 Waterloo, these municipalities do not permit dog and domestic cat grooming as a home occupation. Is the Amendment to Permit Pet Groominq Appropriate? The City of London permits home occupations in residential dwelling units provided that the owner complies with all the regulations of Section 4.10 of the City of London 2.-1 Zoning By-law. The intent of the home occupation by-law is to permit home occupations as secondary ancillary uses to the main permitted residential use without unduly impacting the adjacent residential uses. Home Occupation as defined by the 2.-1 By-law means an occupation or business conducted for gain or profit within a dwelling unit by any permanent resident of that dwelling unit. Paragraph 12 of Section 4.10, Home Occupation prohibits any animal, corpse, bacteria or virus to be brought into the dwelling in connection with a home occupation. This clause prohibits a dog or domestic cat groomer as a home occupation. The requirement that a dog or domestic cat groomer is permitted a maximum of three (3) dogs and two (2) domestic cats on a premise at any one time, including all animals owned by the groomer, complies with the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4). A person that operates a dog or domestic cat grooming business as a home occupation will be required to comply with all regulations of the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4). The inclusion of the subparagraph to the home occupation by-law to allow for dog or domestic cat grooming, as a home occupation, requires that a person will have to comply with all other provisions of Section Home Occupation, of the 2.-1 Zoning By-law. A person operating a dog or domestic cat grooming business as a home occupation would be required to operate entirely within the dwelling unit, in one designated area of the dwelling unit and would have an area not greater than 25% of the gross floor area of the dwelling unit or 28m2 whichever is less. Dog and domestic cat grooming as a home occupation under the proposed limitations should not have a negative impact on abutting properties. A person who operates a pet grooming business as a home occupation will have to comply with all other regulations of Section Home Occupation, of the 2.-1 Zoning By-law and with all regulations of the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4). A person who operates a dog or domestic cat grooming business will also be prohibited from allowing any veterinary services, unlicensed dogs or domestic cats, breeding, boarding or overnight accommodations on the premise and is further prohibited from allowing any dog or domestic cat receiving the grooming service to be stored outside of the dwelling. A dog and domestic cat grooming business that complies with all the regulations of Section Home Occupation, of the 2.-1 By-law and the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4) will maintain the intent of a home occupation as defined in the 2.-1 Bylaw and will not create adverse impacts on the abutting properties. 5

6 R. W. PANZER April 10, 2006 JCS/... Document1 "Attach" 6

7 Agenda item # Page # Bill NO. (number to be inserled by Clerk's Office) 2006 By-law NO. z.-l-o6(number to be inserted by Clerk's Office) A by-law to amend Section 4.10, the Home Occupation Section, of By-law No. Z.-l. WHEREAS the City of London has applied to amend Section 4.10, subsection 12, of the Z.-1 Zoning By-law, as set out below; AND WHEREAS the City of London has applied to amend Section 2, Definitions, of the Z.-1 Zoning By-law, as set out below: AND WHEREAS these amendments conform to the Official Plan; THEREFORE the Municipal Council of The Corporation of the City of London enacts the following: 1) Section 4, General Provisions, to By-law No is amended by adding the following subparagraph to Section No (12) a) Notwithstanding Subsection 4.10 (12), a dog and domestic cat grooming business is permitted as a home occupation, subject to the following: 1. A maximum of three (3) dogs and two (2) domestic cats be allowed on the premises at any one time in conformity with the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4); 2. No veterinary services be provided on the premises; 3. No breeding, boarding or overnight accommodation of dogs or domestic cats for grooming be permitted on the premises; 4. Only dogs and domestic cats that are licensed or identified as per the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4), or dogs and domestlc cats that are legally llcensed by any other municipality in the Province of Ontario, be allowed on the premises at any one time; 5. No dogs or domestic cats that are brought into the premises for grooming shall be permitted outside of the dwelling; and 6. All other provisions of Section 4- General Provisions, Subsection 4.10, Home Occupation, shall apply. 2) Section 2, Definitions, to By-law No is amended to include the following definition: "Dog or Domestic Cat Grooming- Home Occupation" means the grooming of a dog or domestic cat as defined in the City of London Animal Control By-law (PH-3) and Dog Licensing and Control By-law (PH-4) and includes bathing, cutting of hair, trimming of nails, and other services generally associated with the act of grooming. The inclusion in this By-law of imperial measure along with metric measure is for the purpose of convenience only and the metric measure governs in case of any discrepancy between the two measures. This By-law shall come into force and be deemed to come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, c. P.13, either upon the date of the passage of this by-law or as otherwise provided by the said Section. 7

8 PASSED in Open Council on May 1,2006. Anne Marie DeCicco Mayor Kevin Bain City Clerk First Reading - May 1, 2006 Second Reading - May 1,2006 Third Reading - May 1, 2006 a