Home based business bylaw

[susyq]

I have had a Home based business, same location, for 15 years in Kelowna. All of a sudden in Oct. the bylaw guy is all over us having the Bus here. When he was nosing around the property, taking pictures & such, we spoke about his issue with my business. He had a problem with the Bus being parked as was over 4100kg, and said I had to move it or be fined. I agreed & Moved Bus to commercial space next day, he still fined me... 2 - $500 tickets for Zone & licence bylaw..... paid them & thought Bus was off property so all was good..... sent me another $500 fine in Dec., as 4 smaller vehicles on or near property. Bylaw had said nothing as to smaller vehicles, only Bus, which was moved..... Vehicles are now parked off property, & they have said I cannot even stop at office or garage to clean or maintain them. I can not find any bylaw that says the vehicles cannot come to property, only that they can not be parked or stored on property. They want me to sign a compliance, but I want this issue clarified & want the bylaw that states you can never bring a company vehicle to your property. I have searched for this bylaw to no avail.
Anyone know of this bylaw #?

[TreeGuy]

You did not state which municipality you are in.

[oneh2obabe]

^^^From the OP ... same location, for 15 years in Kelowna.

[Bsuds]

Maybe go to City Hall and ask to see the By-Law in writing that they are quoting.

Do they not have to give a By-Law number on the ticket?

[Even Steven]

Do you have a business license for this specific location and specific category?

[TreeGuy]

^^^From the OP ... same location, for 15 years in Kelowna.

Oops, my bad.

[susyq]

The Limobus can not come to our property as is over 4100 kg’s, but I can not find anything in the Bylaws that says/states that our vehicles can not come to our property, only that the vehicles can not be parked on our property?
If there is a bylaw that states that vehicles under 4100 kg’s can not come to property, I can not find it....

[u][u]City of Kelowna Consolidated Zoning Bylaw No. 8000 Section 9 – Specific Use Regulations Revised October 26, 2015

9-1 Section 9 – Specific Use Regulations[/u][/u]
9.1 Application 9.1.1 The specific use regulations shall apply to all development unless otherwise exempted in this section.
9.1.2 Where these regulations may be in conflict with any zone development regulations or general regulations, these specific use regulations shall take precedence.
9.2 Home Based Businesses, Minor
9.2.1 All minor home based businesses shall be secondary uses and shall comply with the following:
(a) a minor home based business shall only be conducted within a principal dwelling unit and no exterior storage or exterior operation of the minor home based business shall be permitted; <<vehicles stored off-site
(b) No variation from the residential character and appearance of land or buildings shall be permitted and no external structural change to any principal building or structure for the purpose of accommodating a minor home based business shall be permitted; <<CAR TENT FOR PERSONAL USE - NOT FOR BUSINESS / NOT ATTACHED TO PRINCIPAL BUILDING NO STRUCTURAL CHANGES
(c) No nuisance from noise, vibration, smoke, dust, odours, heat, glare, electrical or radio disturbance shall be produced by the minor home based business and, at all times, the privacy and enjoyment of adjacent dwellings shall be preserved and the minor home based business shall not adversely affect the amenities of the neighbourhood; <<NO NUISANCE TO NEIGHBOURHOOD
(d) The minor home based business shall not generate more than one client visit to the site from which the business is being operated on any given day; and
(e) This use does not include the repair or painting of vehicles, trailers or boats; cabinet making; welding or machine shops; care centres; or cutting and wrapping wild game. << DOES NOT APPLY TO THIS BUSINESS
9.2.2 No person other than residents of the principal residence shall be engaged in the minor home based business.
9.2.3 The minor home based business shall not occupy a required parking space and no parking of commercial vehicles larger than 4100 kg gross vehicle weight on or about the site is allowed for a minor home based business. << VEHICLES PARKED OFF SITE / LIMOUSINES NOT 4100 KG’s!!
9.2.4 The total area of minor home based businesses shall not occupy more than 25% of the floor area of the dwelling up to a maximum area of 20 m². The maximum floor area shall be limited to 10% if the dwelling also contains a bed and breakfast home.
9.2.5 General retail sales of products not produced on the premises, except for products incidental to the service or agricultural products, mail order sales, telephone sales, or goods where the customer does not enter the premises to inspect or pick up the goods, or products incidental to the service provided, shall not be permitted in a minor home based business.
9.2.6 No sign advertising the minor home based business is permitted.



Section 4 – Enforcement
4.3 Prohibitions
4.3.1 No person shall contravene, cause, suffer, or permit a contravention of this Bylaw. <<WE ARE NOT
4.3.2 No person shall commence or undertake a use which is not permitted by this Bylaw. <<WE ARE NOT
4.3.3 No person shall construct, make an addition to or alter a building or structure, which is not permitted by this Bylaw. <<WE ARE NOT
4.3.4 No person shall contravene a condition of a permit issued under this Bylaw. <<WE ARE NOT - VEHICLES MOVED OFF SITE
4.3.5 No person shall modify any description, specifications, or plans that were the basis for the issuance of any permit by the Director of Planning & Development Services or a Building Inspector. <<WE HAVE NOT
4.3.6 No person shall authorize or do any development that is at variance with the description, specifications or plans that were the basis for the issuance of a building permit. <<WE ARE NOT
4.3.7 No owner, lessee, tenant, or person shall:
(a) place or permit a commercial vehicle in excess of 4,100 kg. licensed gross vehicle weight on a lot in a residential zone; <<LIMOBUS MOVED OFF SITE OCT 20, 2017
(b) place or permit a recreational vehicle in excess of 5,500 kg. licensed gross vehicle weight on a lot in a residential zone; <<WE ARE NOT
(c) permit a motor vehicle in a state of disrepair or derelict for more than 30 days on a lot in a residential zone; <<WE ARE NOT
(d) permit more than two recreational vehicles outdoors on a lot in a residential zone; <<WE ARE NOT
(e) permit a fuel storage tank exceeding 205 l on a lot in a residential zone; <<WE ARE NOT
(f) fail to deflect lighting away from adjacent property as required by Section 6.8.1; <<WE ARE NOT
City of Kelowna Consolidated Zoning Bylaw No. 8000 Section 4 – Enforcement 4-2
(g) permit a use in a zone where the use is not listed as a principal or secondary use in the zone; <<WE ARE NOT
(h) permit occupancy of a secondary dwelling unit which is not a principal or secondary use in the zone; and (i) permit occupancy of a secondary dwelling unit prior to an occupancy permit issued pursuant to the City of Kelowna Building Bylaw, 1993, No. 7245 and all necessary approvals and licences being obtained under the provision of this or any other Bylaw. <<WE ARE NOT

[northglenmore2012]

One very important thing you have to remember, bylaw officers sneak up to you better than a ninja. Also they speak with a forked tongue. They say or don't say. then bam, they nail ya. Your only choice is to take the officer to the Bylaw Court. I don't know if its only for traffic infractions that you want to dispute or even if it exists, but i'm sure I've heard talk of it. I agree, if they just wanted the truck moved and no mention of the other issue, then dispute it somehow.
Good luck

[TreeGuy]

And then there is this lady.

[TreeGuy]

9.2.1 All minor home based businesses shall be secondary uses and shall comply with the following:
(a) a minor home based business shall only be conducted within a principal dwelling unit and no exterior storage or exterior operation of the minor home based business shall be permitted; <<vehicles stored off-site

It looks to me like you are not allowed to use your garage or the exterior of the property to do vehicle maintenance.

[susyq]

The bylaw guy is a bit of a bully, you know, he has the power kinda dude, & talks down to you......
I have called & emailed bylaw people & either they don't know the actual bylaws or there is no bylaw that exists as to having vehicles come onto your property, not parking on property, just coming to property.
If all the home based businesses in Kelowna can not have a marked company vehicle at their property, then Bylaw guys better get on ticketing everyone, not just me!!!!!

[jimmy4321]

So if you're a plumber, tile guy, electrician, blind cleaner or carpet cleaner etc. you can't park you vehicle in your driveway?

[susyq]

[quote="TreeGuy"]9.2.1 All minor home based businesses shall be secondary uses and shall comply with the following:
(a) a minor home based business shall [b]only be conducted within a principal dwelling[/b] unit [b]and no[/b] exterior storage or [b]exterior operation of the minor home based business shall be permitted[/b]; <<vehicles stored off-site

It looks to me like you are not allowed to use your garage or the exterior of the property to do vehicle maintenance.[/quote]


Really???? bylaw saying we can not have vehicles stop or come around property, which is just stupid..... Our business is picking up people at their location, people don't come here, vehicles need to be prepared before they go pick up...

[TreeGuy]

This is from the City of Kelowna's website. The classification is pretty clear.

"home is used for phone and office use only"

[susyq]

That's exactly what Bylaw is saying..... If your home based business like a plumber, tile guy, electrician, blind cleaner, carpet cleaner, taxi, wine tour company etc..... you can not have your vehicle on site. Buddy down the street had his truck he uses for his eaves trough company with signage on it, Bylaw all over the guy for parking in his driveway!!! Just Ridiculous!!!!!