Making an Illegal suite Legal?

[Struts 'N' Stuff Auto]

Say I have an Illegal suite in my basement, which is rented out, and has been for a year.
My neighbor calls the City because my tenants and their friends are back and forth from 10 p.m. to 3 a.m. always making noise!
The City ByLaw Officer shows up at my door and tells me that I am not zoned for a suite and therefore need to apply for rezoning!

Do my tenants have to move out until I get rezoned and comply?
Do my neighbors all get letters for approval of the suite?
Can any of my neighbors disapprove and not allow me to rezone?
How long does it take to get rezoned?

Does anyone have the answers?
Thanks in advance!

[kgcayenne]

Say I have an Illegal suite in my basement, which is rented out, and has been for a year.
My neighbor calls the City because my tenants and their friends are back and forth from 10 p.m. to 3 a.m. always making noise!

Are you saying that it is your tenants that are making noise until all hours? Isn't that what you have ranted ad nauseum about in other threads? One started by yourself even? Are you not, then, a contributing factor to the overall problem?

I am scratching my head on this one.

By the way, take the range out, then they can't do anything. Electric frying pans, woks, and toaster ovens are fantastic until your zoning goes through.

[Struts 'N' Stuff Auto]

Are you saying that it is your tenants that are making noise until all hours? Isn't that what you have ranted ad nauseum about in other threads? One started by yourself even? Are you not, then, a contributing factor to the overall problem?

This is a Hypothetical situation, not real, but I am needing the answers!
Don't get your undies in a twist, I definately wouldn't let tenants carry on, or even have them for that matter!

Yes, it is the Tenants making the noise!

[Yellow Sprinkles]

Say I have an Illegal suite in my basement, which is rented out, and has been for a year.
My neighbor calls the City because my tenants and their friends are back and forth from 10 p.m. to 3 a.m. always making noise!

Are you saying that it is your tenants that are making noise until all hours? Isn't that what you have ranted ad nauseum about in other threads? One started by yourself even? Are you not, then, a contributing factor to the overall problem?

I am scratching my head on this one.

By the way, take the range out, then they can't do anything. Electric frying pans, woks, and toaster ovens are fantastic until your zoning goes through.

I think the "I" that he's referring to is actually one of his neighbors... which is why he wants to know what "his" hypothetical neighbors can do about it.

I've been to many, many illegal suites rented by my friends - who weren't bothering anybody by being there, and who would have been homeless without it. Zero vacancy, remember.

[Struts 'N' Stuff Auto]

Okay, no more Hi-jacking!
Someone must have some knowledge in regards to this Issue!

[gardengirl]

Why not call the City? I think this might be a by-law issue. They could probably tell you.

As KC mentioned, the major issue is usually a stove. You are not allowed to have one in a secondary suite.

(Sounds like you are really making friends in the neighborhood.)

[Struts 'N' Stuff Auto]

Okay, I just wanted to know if someone has an Illegal suite and wants to make it Legal, other then making it comply to City regulations, are neighbors asked if they approve or dissapprove of the suite before being granted a zoning change?

[gardengirl]

I don't think so. There would be no major structural changes and it would not change the residence from family dwelling to business. You might be able to find it on the City website.

[Piecemaker]

Okay, I just wanted to know if someone has an Illegal suite and wants to make it Legal, other then making it comply to City regulations, are neighbors asked if they approve or dissapprove of the suite before being granted a zoning change?

Neighbours are "asked" in that a large sign needs to be posted on the property for a period of time stating the re-zoning intention. Applicants often submit letters of support from their neighbours and anyone can attend city hall and express their opinion. City Council asks, "What do the neighbours say?" It can still be re-zoned if a neighbour is opposed, however if there is strong opposition, it often is not. Some neighbourhoods are more difficult to get suites approved in than others, depending upon the "community plan".

I learned this mostly from reading the City of Kelowna website about re-zoning.

I think there has to be separate entrances and separate heat sources, too.

[Struts 'N' Stuff Auto]

Thanks Piecemaker!
I read the re-zoning info as well, but it is a bit sketchy in the area's of concern.
It is my neighbor who has the Illegal suite, and I have brought it to the City's attention strictly because I was sick of drunks and druggies coming and going at all hours of the night and keeping me awake, or waking me up at 2:30 a.m. *remark removed*/ferri
The City told me that if it was Illegal, the tenants would have to move out until such a time that the place was re-zoned and complied!
I do not want the neighbor to have the suite, as there isn't adequit parking for the tenants, and the noise and booze and drugs that they use is another reason.
I was hoping that the neighbor would have to get a 100% approval vote from neighbors within a certain number of feet of his house in order to have it fly.
The City Bylaw Officer won't get back to me until later this week to explain the fine details, so I was asking in advance.

It appears as if the term "Single Family Dwelling" doesn't apply anymore, and we now have undesireable rental suites in Single Family Dwellings which are causing confrontations all the time, as many homeowners are opposed to suites in some areas do to inconsiderate renters and their friends!

[BoB76]

You are only allowed to have 40% of your house as a suite. There has to be seperate power panels, different drywall separating basement from upstairs. Has to be inspected. Also must have separate entrance. Guess you shouldn't have *bleep* off all your neighbors!!! I will tell you that if you ignore bylaw they usually will go away!!

[Struts 'N' Stuff Auto]

Guess you shouldn't have *bleep* off all your neighbors!!! I will tell you that if you ignore bylaw they usually will go away!!

It is them who *bleep* off the wrong guy!
I warned them 3 months ago, and they promised me a difference!
I will make sure Bylaw comes back, again and again!

[onestop67]

You are only allowed to have 40% of your house as a suite. There has to be seperate power panels, different drywall separating basement from upstairs. Has to be inspected. Also must have separate entrance. Guess you shouldn't have *bleep* off all your neighbors!!! I will tell you that if you ignore bylaw they usually will go away!!

+ adequate parking. If everyone on the block had an illegal suite, there would be more cars parked on the street than even Struts could count.

[BoB76]

I will make sure Bylaw comes back, again and again!

Exactly....you keep calling bylaw and eventually they will get tired of you and try to find something that you are doing illegal. Obviously you have brought all this on yourself. Congrats.

[Fancy]

You are only allowed to have 40% of your house as a suite. There has to be seperate power panels, different drywall separating basement from upstairs. Has to be inspected. Also must have separate entrance. Guess you shouldn't have *bleep* off all your neighbors!!! I will tell you that if you ignore bylaw they usually will go away!!

What the heck are you on about? Struts doesn't have the illegal suite.