An amendment to the Zoning Bylaw to consolidate and clarify the guidelines for family child care homes and home based businesses, was officially passed at the Apr. 23 meeting of Yorkton Council.
The amendments were brought before Council “in response to issues identified with zoning regulations for family child care homes, home-based businesses, and home occupations,” explained Carleen Koroluk, Land Use Planner with the City.
“It was recently noted that there are a number of family child care homes in operation who have not been given formal approval by the City through either the development permit process or the business license process.
“Administration believes that family child care homes are a type of home based business and should be governed as such to promote fairness and equitable treatment amongst the business community. A full review and analysis was presented to Council at the Apr. 2, at which time Council approved introduction and first reading of the proposed bylaw, in addition to authorizing Administration to proceed with the public notice process.”
When appearing for first reading earlier in April as background, it was noted, “Family child care homes (FCCHs) are currently governed under a separate section in the zoning bylaw and, although the current definition stipulates that the home be provincially licensed, the Province does not require that a care provider be licensed. In addition, FCCHs are currently discretionary uses in residential zones and are subject to the discretionary use process, including Council presentation, public notice and public hearing (four – six week process), in addition to a $150.00 fee. Administration feels that this potentially lengthy process may be seen as a deterrent for providers coming forward to receive formal approvals.
“From a safety perspective it is the City’s responsibility to ensure that homes providing child care are safe, this includes requiring fire and building inspections to ensure that they meet applicable codes. Fire and Building Services currently provide inspections to FCCHs at no cost.
“From a land use perspective, the City wants regulations in place for in-home child care providers because they are intensifying a residential land use. Although there is an apparent need for childcare in Yorkton, FCCHs can be disruptive both in terms of noise and child drop-off and pick up, much like issues that may arise from any other home based business.
“It is important that the City protect property owners’ right to quiet and convenient use of, and access to, their property while removing any perceived barriers to FCCHs. The inclusion and treatment of these care providers as home based businesses (permitted as accessory uses) allows them to continue to be regulated, but removes the discretionary use process and fee, thus making it easier for providers to obtain City approval.”
From a business license perspective, the City requires home based businesses to obtain a business license and the inclusion of FCCHs helps to minimize any potential negative impact on neighbouring residents and to offset some of the cost advantages that residential properties have over commercial settings.
“Administration is not recommending removal of business license fee for FCCHs at this time in fairness to commercial day care centres and other home based businesses who are subject to license fees,” noted the presentation.
In terms of analysis of the situation a “review of the home-based business and home-based occupations sections of the Zoning Bylaw, it was noted that the distinction between the two uses is minimal and the requirements are similar for both uses with the exception of the provision for a non-resident employee for home based businesses.
“When looking at the current definitions, the intent of having separate definitions and sections for home-based businesses and home occupations is to differentiate between the two based on where the primary business activity is being performed. Home based businesses are operated “from” a home, with the primary business activity being performed off-site, and home occupations are operated “in” a home or on-site.
“To be fair and equitable, Administration is in favour of allowing one non-resident employee for both uses, provided that additional on-site parking requirements can be met. Therefore, consolidation of the uses into one section under “home based businesses”, defined as any accessory use for gain in or from and secondary to the residential use of the dwelling, will provide consistency and clarify requirements.”
The changes were advertised for three consecutive weeks in the local newspaper, on the City’s website, and at City Hall. As of the date of this report, no comments or questions had been received from the public. Written submissions and persons wishing to speak to the proposed amendment had the opportunity to present to Council during the public hearing held earlier in this meeting.
Family Child Care Homes had previously been discussed with the Planning and Infrastructure Commission and the proposed bylaw was referred to the Commission at their Apr. 22, 2018 meeting. The Commission reviewed the proposed amendment and confirmed that removing perceived barriers to family child care homes and consolidating their requirements with home based business and home occupations is a benefit to both providers and other business operators.
Subsequently they made and carried a motion to recommend approval of the proposed bylaw, explained Koroluk.
The second and third readings were passed unanimously.
