SUMMARY OF LAND USE RULES
BUSINESS ZONINGS
B1 GENERAL BUSINESS (no limitations)
- No limitations on type of business
- Examples of properties in village with this zoning : Caffe Verdi, Erawan , Parbhoo, InFinArt
B1 GENERAL BUSINESS (with limitations imposed at time zoning granted)
- Generally only granted when there was prior “non-conforming use” or when new premises built which are specifically commercial in design
- Limitations are imposed when zoning is granted, eg restrictions on type of business, may require residential component
- Imposed conditions vary from case to case
- Examples in village: Chelsea Travel, Block & Chisel building, 45 Wolfe Street, front portion of Reto Kitchen property
FORMS OF PERMITTED BUSINESS USAGE WITHIN RESIDENTIAL ZONINGS
NON-CONFORMING USE
- Applies to historical business use which predated zoning scheme of 1957
- Allows for continuation of specific business use of a property which is zoned residential
- Rights are lost if there is a break in use of more than 6 months or if there is a change in type of business
- Entire property may be used for business
- Examples in village: Mavromac, Wolfe Street Fabrics
TEMPORARY DEPARTURES
- Granted as deviation from residential zoning, done by application
- Granted for 5 year period, when it lapses and must be reapplied for
- Limited to specific use for which departure applied for
- May apply to part or all of property
- Property must remain a residence structurally
- May lapse if owner sells, depending on departure conditions
- Residential component not always required – varies on case by case basis
- If residential component required, need not be by owner of property or business
- May employ up to 5 or 6 people
HOME INDUSTRY
- Two categories – automatically qualifying occupations, and all other activities
- Automatically qualifying occupations: profession, art, tailor, dressmaker, knitter, homebaker, confectioner, typist, computer operator, photographer, manicurist, chiropractor, chiropodist, masseur, hairdresser, barber, beautician, shoemaker, bookbinder, photocopier, signwriter, upholsterer, curtain maker, duplicator, engraver, etcher, leatherworker, milliner, silkscreener, caneworker, potter
- Other standard requirements:
- property must be occupied by the person who owns the business
- no more than 2 employees
- no limit on area of business but remainder must be a functional residential property
- signage limited in size to 0,2 m2 and may only refer to name and occupation
- If qualifying occupation and comply with other requirements then no consent required; in all other cases must apply for permission
- Council has the right to stop home industry use if business is to detriment of residential environment or a nuisance